G.R. No. 190970 Suliman vs.

People November 24, 2014

Vilma Suliman, People of the Philippines,

petitioner respondent

PERALTA, J
FACTS:
Information: In six (6) Informations, 3 all dated June 6, 2003, herein petitioner and one Luz P. Garcia
were charged before the Regional Trial Court (RTC) of Manila with two (2) counts of illegal
recruitment under Section 6, paragraphs (a), (l) and (m) of Republic Act No. 8042, otherwise known as
the Migrant Workers and Overseas Filipinos Act of 1995, as well as four (4) counts of estafa under
Article 315, paragraph 2 (a) of the Revised Penal Code.
The petitioner and her co-accused misrepresented and falsely pretended that they had the capacity to
deploy the private complainants for employment either in South Korea, Saudi Arabia and Canada. The
misrepresentation was made prior to private complainants' payment of placement fees. It was the
misrepresentation and false pretenses made by petitioner and her co-accused that induced the private
complainants to part with their money. As a result of such false pretenses and misrepresentations, the
private complainants suffered damages as the promised employment abroad never materialized and the
various amounts of money they paid were never recovered.
DEFENSE:
Petitioner argues that she could not be held liable because she was not privy nor was she aware
of the recruitment activities done by her co-accused. Petitioner avers that when her co-accused
received several amounts of money from the private complainants, she acted in her personal
capacity and for her own benefit without the knowledge and consent of petitioner.
Only petitioner was brought to trial as her co-accused, Garcia, eluded arrest and remained at-large despite
the issuance of a warrant for her arrest.
RTC: RTC found the accused guilty beyond reasonable doubt of two (2) counts of illegal recruitment and
three (3) counts of estafa..
CA: On appeal, the CA affirmed the petitioner's conviction.
Neither petitioner nor her counsel filed a motion for reconsideration within the 15-day reglementary
period for filing the said motion. Hence, on June 11, 2009, the subject CA Decision became final.

ISSUE:
Whether or not the honorable court of appeals erred in not holding [that] petitioner should not be bound by
the gross negligence of Atty. Mayo in not informing her about his receipt of the decision of the court of
appeals adverse to her on may 26, 2009 or in not filing a motion for reconsideration to protect the rights and
interest of the petitioner

HELD:
SC: The Court AFFIRMS the decision of the Court of Appeals finding petitioner guilty beyond
reasonable doubt of two (2) counts of illegal recruitment and three (3) counts of estafa.
The Court agrees with the observation of the CA that petitioner is not entirely blameless as she was not
vigilant in monitoring the progress of her case. Evidence of her negligence is the fact that she did not
make any effort to personally follow up her appeal with her counsel. Instead, she merely relied on a
certain Conrad Lucero, the person who referred her to her counsel, regarding updates of her appeal with
the CA.
G.R. No. 190970 Suliman vs. People November 24, 2014

It is a settled rule that the right to appeal is neither a natural right nor a part of due process; it is merely a
statutory privilege, and may be exercised only in the manner and in accordance with the provision of law.
Illegal recruitment shall mean any act of canvassing, enlisting, contracting, transporting, utilizing, hiring,
procuring workers and includes referring, contact services, promising or advertising for employment
abroad, whether for profit or not, when undertaken by a non-license or non-holder of authority
contemplated under Article 13 (f) of Presidential Decree No. 442, as amended, otherwise known as the
Labor Code of the Philippines.
In the present case, both the RTC and the CA found that the prosecution has established that petitioner
and her co-accused committed the acts enumerated under the provisions of Section 6 (a), (l) and (m) of
RA 8042 when: (1) they separately charged the private complainants the amounts of P132,460.00,
P120,000.00 and P21,400.00 as placement fees; (2) they failed to actually deploy the private complainants
without valid reasons, and; (3) they failed to reimburse the said complainants after such failure to deploy.
As to the charge of estafa, the act complained of in the instant case is penalized under Article 315,
paragraph 2 (a) of the RPC, wherein estafa is committed by any person who shall defraud another by
false pretenses or fraudulent acts executed prior to or simultaneously with the commission of the fraud.
It is committed by using fictitious name, or by pretending to possess power, influence, qualifications,
property, credit, agency, business or imaginary transactions, or by means of other similar deceits.
The elements of estafa by means of deceit are the following, viz.:
a. that there must be a false pretense or fraudulent representation as to his power, influence,
qualifications, property, credit, agency, business or imaginary transactions;
b. that such false pretense or fraudulent representation was made or executed prior to or
simultaneously with the commission of the fraud;
c. that the offended party relied on the false pretense, fraudulent act, or fraudulent means and was
induced to part with his money or property; and
d. that, as a result thereof, the offended party suffered damage.
The Court is not persuaded with the defense of the petitioner. As owner and general manager, petitioner
was at the forefront of the recruitment activities of Suliman International. Undoubtedly, she has control,
management or direction of the business of the said company.