"x x x.
We point out that conviction under the Labor Code for illegal
recruitment does not preclude punishment under the Revised Penal Code for
the crime of estafa.4 We are convinced that the prosecution proved beyond
reasonable doubt that appellant violated Article 315(2)(a) of the Revised
Penal Code, as amended, which provides that estafa is committed by any
person who defrauds another by using a fictitious name; or by falsely
pretending to possess power, influence, qualifications, property, credit,
agency, business; by imaginary transactions or similar forms of deceit
executed prior to or simultaneous with the fraud.5
The appellant’s act of falsely pretending to possess power and
qualifications to deploy the complainants to Hongkong, even if he did not
have the authority or license for the purpose, undoubtedly constitutes estafa
under Article 315(2)(a) of the Revised Penal Code. The elements of deceit
and damage are clearly present; the appellant’s false pretenses were the very
cause that induced the complainants to part with their money.
x x x."
See -
PEOPLE OF THE PHILIPPINES vs. JERIC FERNANDEZy JAURIGUE,
G.R. No. 199211, June 4, 2014.
