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People V Temporada

Beth Temporada was charged with large scale illegal recruitment and five counts of estafa. She recruited five individuals for overseas jobs in Singapore and Hong Kong, collected fees beyond the allowed amount, and failed to deploy them or reimburse their expenses. On appeal, she argued the prosecution failed to prove deceit. The court upheld her conviction, finding deceit is not required for estafa by abuse of confidence. Her actions constituted illegal recruitment and estafa by abusing the confidence of the five individuals. She was sentenced to life imprisonment and fines for illegal recruitment and prison terms of 4-11 years for each count of estafa.

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90 views3 pages

People V Temporada

Beth Temporada was charged with large scale illegal recruitment and five counts of estafa. She recruited five individuals for overseas jobs in Singapore and Hong Kong, collected fees beyond the allowed amount, and failed to deploy them or reimburse their expenses. On appeal, she argued the prosecution failed to prove deceit. The court upheld her conviction, finding deceit is not required for estafa by abuse of confidence. Her actions constituted illegal recruitment and estafa by abusing the confidence of the five individuals. She was sentenced to life imprisonment and fines for illegal recruitment and prison terms of 4-11 years for each count of estafa.

Uploaded by

Cesar BCC
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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PEOPLE V TEMPORADA

Facts
A case was filed against accused-appellant Beth
Temporada of the crime of Large Scale Illegal Recruitment,
or violation of Article 38 of the Labor Code, as amended and
five counts of estafa under Article 315, par. (2) (a) of the
Revised Penal Code (RPC).

They further alleged that the accused recruited and


promised overseas employment, for a fee, to complainants
Rogelio Legaspi, Jr. As technician in Singapore, and Soledad
Atle, Luz Minkay, Evelyn Estacio and Dennis Dimaano as
factory workers in Hongkong. After collecting the alleged
placement fees are in excees of or greater than that
specified in the scheduled of allowable fees prescribed of
the POEA and without reasons and without fault of the said
complainants, failed to actually deploy them and failed to
reimburse them the expenses they incurred in connection
with the documentation and processing of their papers for
purposes of their deployment. The accused-appellant
ascribes the lone error that the trial court gravely erred in
finding her guilty of illegal recruitment and five (5) counts of
estafa despite the insufficiency of the evidence for the
prosecution.

The petitioner prays for her acquittal for the


prosecution’s failure to prove the element of deceit. She
argues that her actions prior to, during and after the filing of
the estafa case against her negated deceit, ill-motive and
and or/ bad faith to abscond with her obligation to the
private complainant. She cite the cases of People v. Singson
and People v Ojeda where the Court acquitted the accused
for the failure of the prosecution to prove the element of
deceit.

Issue
1. Whether or not the Court of Appeals committed a
reversible error in affirming the judgment of the RTC
finding her guilty of estafa beyond reasonable
doubt.

Held
No. We find no reversible error in the CA’s decision. In
fact, the offense of estafa, in general, is committed either by
(a) abuse of confidence or (b) means of deceit. The acts
constituting estafa committed with abuse of confidence are
enumerated in item (1) of Article 315 of the Revised Penal
Code, as amended; item (2) of Article 315 enumerates estafa
committed by means of deceit. Deceit is not essential
requisite of estafa by abuse of confidence; the breach of
confidence takes the place of fraud or deceit, which is a
usual element in the other estafas. In this case, the charge
against the petitioner and her subsequent conviction was for
estafa committed by abuse of confidence.
Therefore, the accused was convicted for the crime of
Large Scale Illegal Recruitment, as principal of the offenses
charged and she is sentenced to suffer the penalty of Life
Imprisonment and a fine of Five Hundred Thousand Pesos (
P500,000) for illegal recruitment; and the indeterminate
penalty of four (4) years and two (2) months of prision
correctional as minimum, to nine (9) years and one (1) day of
prison mayor, as a maximum for the estafa committed
against the complainant Rogelio A. Legaspi, Jr.; the
indeterminate penalty of four (4) years and two (2) months of
prision correctional as minimum to ten (10) years and one (1)
day of prison mayor as maximum each for the estafas
committed against complainants, Dennis Dimaano, Soledad
B. Atte and Luz T. Minkay; and the indeterminate penalty of
four (4) years and two (2) months of prision correctional as
minimum, to eleven (11) years and one (1) day of prison
mayor as maximum for the estafa committed against Evelyn
Estacio.

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