Facts: Accused Moreno has neither license nor authority to recruit workers for overseas employment. She represented to the applicants that she will be able to process their papers for employment abroad after the payment of placement fees. She promised that they would be deployed by May 1993 but she failed and repeated follow-ups were in vain. After cases for illegal recruitment and estafa were filed against her, accused was able to return to the applicants some of their money.
Issue: Whether the crime of estafa may be negated by return of the money.
Held: Estafa is a public offense which must be prosecuted and punished by the government on its own motion even though complete reparation should have been made of the damage suffered by the offended party. Criminal liability for estafa is not affected by compromise or novation of contract.
0 comments:
Post a Comment