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PEOPLE v. JERIC FERNANDEZ Y JAURIGUE

FACTS:

In this case, the appellant, Jeric Fernandez, appealed the decision of the Court of Appeals (CA) in CA-G.R. CR-HC No. 03313. The Regional Trial Court (RTC), Branch 211, Mandaluyong City, had previously convicted the appellant of illegal recruitment in large scale and five counts of estafa against several complainants.

The RTC found that the appellant had promised the complainants employment abroad and had represented himself as having the ability to send them to Hongkong. The complainants were convinced to give him money for this purpose. The appellant's defenses of denial and alibi were disregarded by the trial court.

For the crime of illegal recruitment in large scale, the appellant was sentenced to life imprisonment and ordered to pay a fine of P100,000.00. For the crimes of estafa, the appellant was sentenced to varying terms of imprisonment.

The appellant was also ordered to indemnify the complainants with specific amounts of money.

On appeal, the CA affirmed the RTC's findings, concluding that the elements of illegal recruitment and estafa were sufficiently established by the prosecution's evidence. The CA held that the appellant's promises and misrepresentations amounted to illegal recruitment in large scale and estafa.

ISSUES:

  1. Whether the appellant committed the crimes of illegal recruitment in large scale and estafa.

RULING:

  1. The Court of Appeals upheld the decision of the Regional Trial Court that the appellant committed the crimes of illegal recruitment in large scale and estafa. The CA agreed with the RTC that all the elements of illegal recruitment were sufficiently established by the prosecution's evidence. The CA also declared that the appellant's assurances of employment in Hongkong constitutes estafa.

PRINCIPLES:

  • Elements of illegal recruitment under Article 13(b), in relation to Article 34 of the Labor Code, include the act of promising employment abroad and misrepresentation of power and authority despite the lack of license.

  • Assurances of employment and misrepresentation constituting estafa.