Case Summary (G.R. No. 9957)
Petitioner
People of the Philippines
Respondent
Beth Temporada
Key Dates
• September 2001–January 2002: recruitment period and fee collection.
• November 29, 2002: filing of six Informations (one for illegal recruitment, five for estafa).
• May 14, 2004: RTC, Branch 33, Manila convicts Temporada.
• February 24, 2006: Court of Appeals affirms with modification.
• December 17, 2008: Supreme Court decision.
Applicable Law
• 1987 Constitution (post-1990 decisions)
• Labor Code, Article 38(a) (large-scale illegal recruitment)
• Revised Penal Code, Article 315(2)(a) (estafa by false pretenses)
• RA 8042, Section 7(b) (penalty for large-scale recruitment)
• Indeterminate Sentence Law (ISL) – maximum term reflects attending circumstances under RPC, minimum term drawn from penalty next lower than prescribed.
Facts
- Temporada and co-accused, ATTC officers initially on Dela Rosa Street, Makati City, later moved to Ermita, Manila, promised overseas jobs for a fee without a POEA license.
- Complainants submitted passports, NBI clearances, medical certificates and paid placement fees: Legaspi Jr. – ₱57,600; Dimaano – ₱66,520; Estacio – ₱88,520; Atle – ₱69,520; Minkay – ₱69,520.
- No deployment occurred; complainants filed separate criminal complaints.
- Assistant City Prosecutor Mangalindan filed one Information for large-scale illegal recruitment and five for estafa.
- Only Temporada was apprehended; she pleaded not guilty; the RTC convicted her of all charges. The CA modified some penalties for estafa but affirmed liability.
Issues
- Whether evidence established beyond reasonable doubt Temporada’s guilt for large-scale illegal recruitment under Labor Code Article 38(a).
- Whether evidence established beyond reasonable doubt Temporada’s guilt for five counts of estafa under RPC Article 315(2)(a).
- Proper computation of indeterminate penalties for the five counts of estafa under the ISL.
Ruling
- Guilt affirmed: Temporada is liable as principal for both large-scale illegal recruitment and five counts of estafa.
- Decision of the Court of Appeals is AFFIRMED except as to the indeterminate penalties for estafa, which are MODIFIED.
Rationale
Illegal Recruitment
• Elements (People v. Gamboa): (a) no valid license; (b) undertaking recruitment activities under Art. 13(b) Labor Code; (c) victimizing three or more persons. All are present.
• Conspiracy and active participation: Temporada introduced herself as ATTC’s General Manager, interviewed complainants, collected fees, issued receipts. Witness testimonies, POEA certification, and documentary evidence confirm absence of license and active involvement.
• Illegal recruitment under RA 8042 is malum prohibitum; absence of criminal intent does not bar conviction.
Estafa
• Elements (RPC Art. 315(2)(a)): (1) deceit by false representations; (2) resulting prejudice capable of pecuniary estimation. Proven by complainants’ testimony and unreturned fees.
• Separate conviction for estafa permissible alongside illegal-recruitment conviction.
Penalties
Illegal Recruitment
• Life imprisonment and ₱500,000 fine under Section 7(b), RA 8042 – proper and confirmed.
Estafa Indeterminate Sentences
• RPC prescribes for fraud over ₱22,000: penalty “imposed in its maximum period, adding 1 year for each additional ₱10,000, but not exceeding 20 years,” to be “termed prision mayor or reclusion temporal, as the case may be.”
• Under ISL:
– Maximum term = that which, given attending circumstances (including the incremental penalty rule), could properly be imposed under the RPC.
– Minimum term = within range of the penalty next lower than that prescribed by the RPC (prision correccional minimum to medium; 6 months + 1 day to 4 years + 2 months).
• Amount of fraud in excess of ₱22,000 deemed analogous to a special aggravating circumstance affecting only the maximum term, per People v. Gabres.
• Application of Article 65, RPC, required to divide prescribed penalty ra
Case Syllabus (G.R. No. 9957)
Facts and Antecedents
- From September 2001 to January 2002, Rosemarie “Baby” Robles, Bernadette Miranda, Nenita Catacotan, Jojo Resco and appellant Beth Temporada, all employees of Alternative Travel and Tours Corporation (ATTC), recruited and promised overseas jobs for a fee.
- Complainants: Rogelio Legaspi, Jr. (technician in Singapore); Soledad Atle, Luz Minkay, Evelyn Estacio and Dennis Dimaano (factory workers in Hong Kong).
- ATTC offices were initially at Dela Rosa Street, Makati City, later transferred to Discovery Plaza, Ermita, Manila.
- Victims submitted complete requirements (application forms, passports, NBI clearances, medical certificates).
- Placement fees collected by the group:
• Legaspi, Jr.: ₱57,600.00
• Dimaano: ₱66,520.00
• Estacio: ₱88,520.00
• Atle: ₱69,520.00
• Minkay: ₱69,520.00 - None of the complainants were deployed abroad nor refunded; they filed separate criminal complaints with the City Prosecutor of Manila.
Informations Filed
- November 29, 2002: Six Informations were filed—one for large-scale illegal recruitment under Article 38(a) of the Labor Code; five for estafa under Art. 315(2)(a) of the Revised Penal Code.
- Illegal recruitment charge: recruitment without a POEA license; promise and receipt of fees in excess of allowable amounts; failure to deploy or reimburse complainants.
- Estafa charges (Crim. Case Nos. 02-208372 to 02-208376): allegations of conspiracy, false representations of capacity to place complainants, receipt of fees, misappropriation, and prejudice to victims in amounts matching the fees.
- Only appellant was apprehended and stood trial; co-accused remained at large.
Trial Court Proceedings and Judgment
- Appellant pleaded not guilty at arraignment; joint trial ensued.
- May 14, 2004 RTC Decision (Manila, Branch 33) convicted appellant as principal:
• Illegal recruitment: life imprisonment + ₱500,000.00 fine.
• Five counts of estafa: indeterminate penalties ranging from 4 years 2 months to 11 years 1 day, depending on victim and amount.
• Ordered joint and several payment of actual damages equal to placement fees for each complainant. - Case referred to