Case Digest (A.C. No. 13757)
Facts:
People of the Philippines v. Mario Alzona, G.R. No. 132029, July 30, 2004, the Supreme Court Second Division, Austria‑Martinez, J., writing for the Court. The appellant is Mario Alzona; the People of the Philippines prosecuted him; his wife Miranda Alzona was co‑accused and remained at large.On December 4, 1996, Informations were filed in Branch 1, Regional Trial Court (RTC), Manila: one for large‑scale illegal recruitment (Crim. Case No. 92‑113702) and seven for estafa (Crim. Cases Nos. 92‑113703 to 92‑113709). The eight cases were consolidated for joint trial; three estafa informations (92‑113703 to 92‑113705) were later dismissed as to appellant for failure of the private complainants to testify.
The prosecution presented four complainants — Mario Regino Decena, Leonardo Mercurio, Fernando Dela Cruz, and James Mazon — who testified they paid placement fees (ranging from P15,000 to P34,000) to the spouses for promised overseas employment in Korea but were not deployed and did not receive refunds. A POEA licensure officer testified that appellant had no license or authority to recruit. Appellant denied the transactions, offered an alibi (he was a full‑time jeepney driver) and pointed to Miranda as the recruiter; his daughter and sister corroborated his alibi and claimed Miranda did much of the dealing.
The RTC found appellant guilty of illegal recruitment in large scale (Crim. Case No. 92‑113702) and four counts of estafa (Crim. Cases Nos. 92‑113706–92‑113709), sentenced him to life imprisonment and fines for illegal recruitment and to indeterminate terms for the estafa counts, and ordered indemnification to the private complainants; three other estafa cases were dismissed as to him. Appellant appealed to the Court of Appeals (CA), arguing primarily that the evidence proved only Miranda’s participation and that there was no proof of his conspiracy or active involvement.
On July 28, 1997 the CA (in CA‑G.R. CR No. 17228) affirmed the RTC’s convictions but modified the penalty in Crim. Case No. 92‑113709 (P34,000 defrauded) to the correct indeterminate term, and corrected typographical errors...(Subscriber-Only)
Issues:
- Did the prosecution prove beyond reasonable doubt that appellant Mario Alzona committed illegal recruitment in large scale?
- Did the prosecution prove beyond reasonable doubt that appellant committed four counts of estafa by conspiring or confederating with his wife?
- Were the penalty modifications and corrections made by t...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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