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PEOPLE v. ROSARIO 'ROSE' OCHOA

FACTS:

The case involves Rosario "Rose" Ochoa, who was charged with illegal recruitment in large scale and multiple counts of estafa. The charges stemmed from a series of recruitment activities conducted by Ochoa from January to March 1998, during which she promised various individuals employment opportunities abroad in exchange for substantial fees. Specifically, Ochoa promised jobs in Taiwan and Saudi Arabia to Robert Gubat, Junior Agustin, Cesar Aquino, Francisco Pascual, Rosemarie Bermejo, and several others, collecting amounts ranging between P2,000.00 and P32,000.00 from each individual. However, none of the promised job placements materialized, and Ochoa failed to return the collected fees. The private complainants testified that they were persuaded by Ochoa's representations and paid her the required fees. Efforts to resolve the issue through barangay conciliation were unsuccessful, leading to the filing of formal complaints with the National Bureau of Investigation (NBI). During the trial, Ochoa admitted to recruiting the complainants and receiving their fees but claimed she was working for AXIL International Services and Consultant, which had a temporary license, and that she had remitted the collected fees to her manager at AXIL. However, the prosecution presented a certification from the Philippine Overseas Employment Agency (POEA) stating that Ochoa was not authorized or licensed to recruit workers for overseas employment. The trial court found Ochoa guilty of large-scale illegal recruitment and three counts of estafa, which was later affirmed with modifications by the Court of Appeals.

ISSUES:

  1. Whether Rosario "Rose" Ochoa is guilty beyond reasonable doubt of illegal recruitment in large scale.

  2. Whether Rosario "Rose" Ochoa is guilty beyond reasonable doubt of three counts of estafa.

RULING:

  1. Illegal Recruitment in Large Scale

    • The Supreme Court affirmed the conviction of Rosario "Rose" Ochoa for illegal recruitment in large scale, which constitutes economic sabotage under Section 6(l) and (m), in relation to Section 7(b) of Republic Act No. 8042. She was sentenced to life imprisonment and a fine of One Million Pesos (P1,000.000.00).

  2. Estafa

    • The Supreme Court affirmed the conviction of Rosario "Rose" Ochoa for three separate counts of estafa under Article 315, paragraph 2(a) of the Revised Penal Code.

      • In Criminal Case No. 98-77301 Ochoa is sentenced to an indeterminate penalty of two (2) years, eleven (11) months, and eleven (11) days of prision correccional, as minimum, to six (6) years, eight (8) months, and twenty (20) days of prision mayor, as maximum, and to indemnify private complainant Robert Gubat in the amount of Fifteen Thousand Pesos (P15,000.00) as actual damages.

      • In Criminal Case No. 98-77302 Ochoa is sentenced to an indeterminate penalty of two (2) years, eleven (11) months, and eleven (11) days of prision correccional, as minimum, to six (6) years, eight (8) months, and twenty (20) days of prision mayor, as maximum, and to indemnify private complainant Cesar Aquino in the amount of Seventeen Thousand Pesos (P17,000.00).

      • In Criminal Case No. 98-77303 Ochoa is sentenced to an indeterminate penalty of four (4) years and two (2) months of prision correccional, as minimum, to eight (8) years of prision mayor, as maximum, and to indemnify private complainant Junior Agustin in the amount of Twenty-Eight Thousand Pesos (P28,000.00).

PRINCIPLES:

  1. Illegal Recruitment Illegal recruitment in large scale is committed when a non-licensee or non-holder of authority recruits three or more individuals for overseas employment, which constitutes economic sabotage under Republic Act No. 8042.

  2. Estafa The elements of estafa under Article 315, paragraph 2(a) of the Revised Penal Code are defrauding another by deceit or false pretenses and causing damage as a result.

  3. Admissibility of Official Records Official records like certifications from government agencies (e.g., POEA) are generally admissible as prima facie evidence and presumed to be truthful unless rebutted by plausible proof.

  4. Concurrent Liability An individual can be charged and convicted separately for illegal recruitment and estafa stemming from the same actions because they are considered distinct offenses with different elements.

  5. Indeterminate Sentence Law The maximum term of imprisonment is determined by the penalty prescribed for the offense, while the minimum term is within the range of the penalty next lower.