Case Summary (G.R. No. 187160)
Denial of Visa and Overseas Movements
Appellant failed to secure an Australian visa and advised Victim to obtain it in Malaysia. They traveled to Zamboanga City, then to Sandakan, Malaysia, and later to Brunei and Indonesia. Appellant departed for the Philippines from Indonesia, leaving Victim with Dedales and Bacomo. Victim’s Australian visa was denied in Indonesia; he was induced to pay US$1,000 for a U.S. visa processed under an Indonesian alias and was deprived of his Philippine passport and legitimate extension papers.
Complaint and Trial Proceedings
Victim returned to the Philippines, filed a complaint with the POEA, which confirmed Appellant had no recruitment license. At trial, Appellant denied recruiting Victim, alleging she too was victimized by Dedales. She claimed payments were for visa processing only and that she transferred funds to Dedales in Malaysia.
RTC Joint Decision
The Regional Trial Court found Appellant guilty beyond reasonable doubt of:
- Illegal recruitment constituting economic sabotage under Section 6 in relation to Section 7(b) of RA 8042.
- Estafa under Article 315(2)(a) of the Revised Penal Code.
Appellant was sentenced to life imprisonment and ₱1,000,000 fine for illegal recruitment, and prision correccional (4 years, 2 months minimum to 8 years maximum) for estafa with indemnity of ₱160,000. Bench warrants were issued for Dedales and Bacomo.
Court of Appeals Affirmation
The Court of Appeals dismissed Appellant’s claims of mere visa facilitation, holding that:
- Appellant, lacking a license, gave Victim the impression she could recruit workers abroad.
- Her actions in accompanying and directing Victim through multiple countries were part of a fraudulent recruitment scheme.
- Misrepresentations induced payment of fees, satisfying both illegal recruitment and estafa elements.
Issue on Appeal
Whether Appellant’s guilt for illegal recruitment involving economic sabotage and estafa was established beyond reasonable doubt under the 1987 Constitution’s due process standards and applicable statutes.
Supreme Court Ruling on Illegal Recruitment
The Supreme Court affirmed illegal recruitment conviction, noting:
- Appellant admitted she had no license or authority.
- She performed acts of “canvassing, enlisting, promising employment abroad” under Section 6 RA 8042.
- Concerted actions with two others constituted a syndicate (economic sabotage).
- Denial of liability is self-serving and insufficient against positive testimony and documentary receipts.
Life imprisonment and ₱1,000,000 fine for illegal recruitment involving economic sabotage remain proper.
Supreme Court Ruling on Estafa
The Court affirmed estafa conviction under Article 315(2)(a) RPC, finding:
- False representations of authority to send Victim to Australia (element of deceit).
- Representations made prior to or simultaneous with the fraud.
- Victim relied on these misrepresentations and suffered actual damage (
Case Syllabus (G.R. No. 187160)
Parties and Procedural History
- Appellee: People of the Philippines; Appellant: Erlinda A. Sison @ “Margarita S. Aguilar.”
- Appeal from the Court of Appeals’ 6 November 2008 Decision in CA-G.R. CR-H.C. No. 02833.
- The Court of Appeals had affirmed the Regional Trial Court (RTC) of Mandaluyong City, Branch 211, Joint Decision dated 8 May 2007.
- RTC found Sison guilty of:
• Illegal recruitment involving economic sabotage under Sections 6 and 7 of RA 8042; and
• Estafa under Article 315(2)(a) of the Revised Penal Code (RPC).
Facts
- In late 1999, Darvy M. Castuera was introduced to Sison by her husband, Col. Alex Sison, on the representation that Erlinda Sison could facilitate deployment of fruit pickers to Australia.
- Sison showed Castuera photos and testimonials of purportedly successful recruits and narrated that previous clients even paid her with a car.
- Agreed processing fee: ₱180,000, later reduced to ₱160,000—half (₱80,000) due before departure, balance to be deducted from salary abroad.
- On 16 June 2000, Castuera paid ₱80,000 at SM Megamall and obtained a signed receipt witnessed by Edna and Mark Magalona.
- Sison failed to secure an Australian visa in the Philippines, redirected Castuera to Malaysia (via Zamboanga City), then to Brunei and Indonesia under various pretexts.
- In Indonesia, Castuera’s Australian visa was denied; co-accused Rea Dedales procured a fraudulent Indonesian-name U.S. visa for US$1,000, withheld his passport, and provided fake extension papers.
- Castuera returned to the Philippines at his expense and filed a complaint with the Philippine Overseas Employment Administration (POEA), which confirmed that Sison and her co-accused had no recruitment license.
Ruling of the Regional Trial Court
- RTC found Sison guilty