G.R. No. 198015 , January 20, 2021
People of the Philippines, Plaintiff-Appellee, vs. Avelina Manalang a.k.a. Tess Robles, a.k.a. Alvina Manalang, Accused-Appellant.

FACTS

Accused-appellant Avelina Manalang was charged with Illegal Recruitment in Large Scale and multiple counts of Estafa. The Information for Illegal Recruitment alleged that between June 2000 and May 28, 2001, in Manila, she, conspiring with another, represented herself as having the capacity to recruit workers for employment abroad without the required DOLE license/authority, and recruited and promised employment to nine individuals for specific jobs in Australia and South Korea, failed to deploy them, and failed to reimburse their expenses. She was also charged with Estafa in separate Informations, three of which (Criminal Case Nos. 01-192707, 01-192712, and 01-192714) are the subject of this appeal, for defrauding Ma. Teresa P. Marañon, Lolita V. Tura, and Edgardo R. Cawas, respectively, by falsely representing she could secure them jobs abroad and inducing them to give her money (P80,000, P56,000, and P65,000), which she misappropriated. The prosecution presented the complainants’ testimonies and a POEA Certification stating Manalang was neither licensed nor authorized to recruit workers. The defense presented Manalang and another witness. The trial court convicted Manalang, and the Court of Appeals affirmed the decision.

ISSUE

The main issue is whether the Court of Appeals correctly affirmed accused-appellant Avelina Manalang’s conviction for Illegal Recruitment in Large Scale and three counts of Estafa.

RULING

The Supreme Court DENIED the appeal and AFFIRMED the Court of Appeals Decision with MODIFICATIONS to the penalties and damages. The Court found the elements of Illegal Recruitment in Large Scale and Estafa were proven beyond reasonable doubt.
For Illegal Recruitment in Large Scale: (1) The accused undertook recruitment activities without the required license or authority from the POEA, as certified by the POEA. (2) The accused undertook such activities against three or more persons individually or as a group. The testimonies of Marañon, Tura, and Cawas established that Manalang promised them overseas employment and collected fees from them. The number of victims (three) qualifies the act as large scale. The defense of denial was rejected.
For Estafa under Article 315(2)(a) of the Revised Penal Code: (1) The accused made false pretenses or fraudulent representations. (2) Such pretenses or representations were made prior to or simultaneously with the commission of the fraud. (3) The offended party relied on the false pretenses, acted thereon, and was induced to part with money or property. All elements were proven through the complainants’ consistent testimonies that Manalang falsely represented her capacity to secure overseas employment for them, leading them to give her money, which she misappropriated.
The Court modified the penalties. For Illegal Recruitment in Large Scale, it imposed life imprisonment and a fine of P2,000,000. For each count of Estafa, applying Republic Act No. 10951 , the penalties were based on the amounts defrauded. For Marañon (P80,000), the penalty is prision correccional in its minimum and medium periods. Applying the Indeterminate Sentence Law, the sentence is 6 months of arresto mayor as minimum to 2 years, 4 months of prision correccional as maximum. For Tura (P56,000), the penalty is arresto mayor in its maximum period to prision correccional in its minimum period. The sentence is 4 months of arresto mayor as minimum to 1 year, 8 months of prision correccional as maximum. For Cawas (P65,000), the penalty is prision correccional in its minimum and medium periods. The sentence is 6 months of arresto mayor as minimum to 2 years, 4 months of prision correccional as maximum. The accused was ordered to pay each complainant the amount defrauded, with legal interest, and to pay the costs.