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PEOPLE v. MILDRED SALVATIERRA Y MATUCO

FACTS:

Appellant Mildred M. Salvatierra was charged with illegal recruitment and estafa involving multiple victims. She allegedly posed as someone capable of contracting, enlisting, and transporting Filipino workers for employment abroad, particularly in Korea. Appellant collected fees from the victims for job placements but failed to deploy them for overseas employment. The victims reported the incident to the National Bureau of Investigation (NBI) and informed them of their planned meeting with appellant. An entrapment operation was conducted, resulting in appellant's arrest. Appellant claimed innocence and argued that she was also a victim of Llanesa Consultancy. The Regional Trial Court (RTC) found her guilty and imposed the corresponding sentence. The Court of Appeals affirmed the RTC's decision but made modifications to the penalties imposed. Appellant then appealed to the Supreme Court.

ISSUES:

  1. Whether the appellant is guilty of the crime of illegal recruitment in large scale

  2. Whether the appellant may be held liable for estafa

  3. Whether the crime committed by the appellant is illegal recruitment committed in large scale or estafa.

  4. What is the appropriate penalty for the crime committed?

  5. The issue in this case is whether or not the accused is guilty of the crime charged.

RULING:

  1. Yes, the appellant is guilty of the crime of illegal recruitment in large scale. The Supreme Court affirmed the trial court's findings and held that the elements of illegal recruitment in large scale were present in this case. The appellant engaged in recruitment activities without a valid license or authority and committed acts of recruitment against five individuals. Therefore, the appellant's conviction for illegal recruitment in large scale is affirmed.

  2. Yes, the appellant may be held liable for estafa. The Supreme Court agreed with the appellate court's ruling that the same evidence proving the appellant's criminal liability for illegal recruitment also established her criminal liability for estafa. The elements of estafa, namely, defrauding another by abuse of confidence or by means of deceit and causing damage or prejudice capable of pecuniary estimation to the offended party or third person, were present in this case. Therefore, the appellant's liability for estafa is affirmed.

  3. The Court found the appellant guilty beyond reasonable doubt of the crime of illegal recruitment committed in large scale in Criminal Case No. MC04-8838. In the other cases (Criminal Case Nos. MC05-9048, MC05-9049, MC05-9050, MC05-9051, and MC05-9052), the Court found the appellant guilty of the crime of estafa.

  4. As the crime of illegal recruitment committed in large scale involves economic sabotage, the penalty imposed is life imprisonment and a fine not less than P500,000. For the crime of estafa, the Court applied the provisions of Article 315 of the Revised Penal Code. The penalty for estafa is dependent on the amount defrauded. In this case, the Court imposed an indeterminate penalty of 4 years and 2 months of prision correccional as the minimum term, and a maximum term ranging from 8 years, 8 months, 21 days to 12 years, 8 months, 21 days of imprisonment, depending on the specific amount defrauded.

  5. The Supreme Court affirmed the guilt of the accused and its corresponding penalty. The accused is sentenced to a range of imprisonment from 2 months of prision correccional, as minimum, to 12 years, 8 months, 21 days of reclusion temporal, as maximum, and ordered to pay indemnification to the victim.

PRINCIPLES:

  • The crime of illegal recruitment is defined and penalized under Sections 6 and 7 of RA 8042, or the Migrant Workers and Overseas Filipinos Act of 1995. Illegal recruitment may be committed by a syndicate or in large scale.

  • The persons criminally liable for illegal recruitment are the principals, accomplices, and accessories. In the case of juridical persons, the officers having control, management, or direction of their business shall be liable.

  • The penalties for illegal recruitment range from imprisonment of not less than six years and one day but not more than twelve years, and a fine of not less than Two hundred thousand pesos (P200,000.00) nor more than Five hundred thousand pesos (P500,000.00). Life imprisonment and a fine of not less than Five hundred thousand pesos (P500,000.00) nor more than One million pesos (P1,000,000.00) shall be imposed if illegal recruitment constitutes economic sabotage or if the person illegally recruited is less than eighteen years of age or committed by a non-licensee or non-holder of authority.

  • The elements of illegal recruitment include undertaking recruitment activities without a valid license or authority and engaging in prohibited practices enumerated under the law.

  • The elements of estafa include defrauding another by abuse of confidence or by means of deceit and causing damage or prejudice capable of pecuniary estimation to the offended party or third person.

  • Illegal recruitment committed in large scale is punishable by life imprisonment and a fine of not less than P500,000.00 nor more than P1,000,000.00.

  • The penalty for estafa varies depending on the amount defrauded, as provided in Article 315 of the Revised Penal Code.

  • The Indeterminate Sentence Law provides that the minimum term of the indeterminate penalty shall be within the range of the penalty next lower to that prescribed by the Revised Penal Code.

  • The maximum term of the indeterminate penalty shall be that which could be properly imposed under the rules of the Revised Penal Code.

  • Proof beyond reasonable doubt is required for a conviction in criminal cases.

  • The penalty imposed by the trial court must be proportionate to the magnitude of the crime committed.