- Petitioner
- People
- Respondent
- Beth Temporada
- Citation
- G.R. No. 173473
- Court
- Supreme Court
- Decided
- December 17, 2008
Large scale illegal recruitment and multiple counts of estafa committed by recruitment agency employees who defrauded overseas employment applicants
Summary
The Supreme Court En Banc affirmed the conviction of Beth Temporada for large scale illegal recruitment and five counts of estafa. Temporada, posing as General Manager of ATTC, conspired with co-accused to recruit five complainants for overseas employment without proper POEA authorization, collecting placement fees totaling P351,680.00. The Court established that illegal recruitment in large scale requires: (1) lack of valid license, (2) recruitment activities under Labor Code Article 13(b), and (3) victimization of three or more persons. The decision extensively discussed proper application of the Indeterminate Sentence Law for estafa cases, reaffirming the People v. Gabres doctrine for computing incremental penalties while rejecting proposed alternative formulas. The Court emphasized that illegal recruitment is malum prohibitum, making criminal intent unnecessary for conviction, and that employees can be held liable as principals if they actively participate in illegal recruitment activities.
Focus of dispute
Large scale illegal recruitment and multiple counts of estafa committed by recruitment agency employees who defrauded overseas employment applicants
Legal facts
From September 2001 to January 2002, accused Beth Temporada and co-accused, all employees of Alternative Travel and Tours Corporation (ATTC), recruited complainants Rogelio Legaspi Jr., Dennis Dimaano, Evelyn Estacio, Soledad Atle, and Luz Minkay for overseas employment in Singapore and Hong Kong. They collected placement fees ranging from P57,600.00 to P88,520.00 from each complainant but failed to deploy them abroad. ATTC operated without proper POEA license for overseas recruitment. Temporada introduced herself as General Manager and actively participated in recruitment activities, collecting payments and issuing receipts.
Judgement and reasoning
Court of Appeals (CA): Affirmed RTC decision with modification of indeterminate penalties for estafa cases. Modified sentences to higher penalties: 6 years prision correccional maximum minimum to 10 years 1 day prision mayor maximum for three cases, and 8 years 1 day prision mayor medium minimum to 12 years 1 day reclusion temporal minimum maximum for one case.
Regional Trial Court (RTC) of Manila, Branch 33: Convicted appellant of large scale illegal recruitment and five counts of estafa. Sentenced to life imprisonment and P500,000.00 fine for illegal recruitment, and varying indeterminate penalties of 4 years 2 months prision correccional minimum to 9-11 years prision mayor maximum for each estafa count. Ordered payment of actual damages totaling P351,680.00 to all complainants.
Supreme Court (SC) En Banc: Affirmed conviction but corrected indeterminate penalty computation for estafa cases. Applied People v. Gabres doctrine for proper calculation of maximum terms using incremental penalty rule. Final sentences: 4 years 2 months prision correccional minimum to 9 years 8 months 21 days prision mayor maximum for one case; 4 years 2 months minimum to 10 years 8 months 21 days maximum for three cases; 4 years 2 months minimum to 12 years 8 months 21 days reclusion temporal maximum for one case. Extensive discussion on Indeterminate Sentence Law application and rejection of dissenting opinion's proposed formula.