G.R. No. 173473 Case Digest

G.R. No. 173473, December 17, 2008

People of the Philippines

vs Beth Temporada

Ponente: Ynares-Santiago

Facts:

Accused Rosemarie Robles, Bernadette Miranda, Nenita Catacotan, Jojo Resco and Beth Temporada are all employees of ATTC, a Travel and Tour Company, recruited and promised overseas employment for a fee to Rogelio Legaspis Jr, as a technician in Singapore, and other overseas workers. The accused were holding office in Makati but eventually transferred to Manila. After paying placements fees, none of the overseas recruits was able to leave or recover what they have paid, thus they filed separate criminal complaints against accused in Manila.

The accused were then sentenced to life imprisonment for illegal recruitment and estafa. Then the case was referred to the CA for intermediate review, CA affirmed with modification on the penalty. The penalty was lowered for the lower court due to insufficiency of evidence.

Issue: Whether the accused were guilty of 5 counts of estafa and illegal recruitment, and be charged of the penalty of life imprisonment.

Ruling:

The Court affirms the modification of the CA, except for the penalty on the 5 counts of estafa.

Although Temporada is saying that she is not a principal to the illegal recruitment and estafa because she is a mere employee of ATTC and that she was just echoing the requirement of her employer, the Court believes that Temporada actively and consciously participated in illegal recruitment.

The Court agrees with the lower court that the accused were guilty of illegal recruitment by a syndicate with the penalty of life imprisonment. The accused were convicted separately also for 5 counts of estafa.