Philippine Supreme Court Resolutions

G.R. No. 186132 (People of the Philippines v. Nestor Taguinay) - For resolution is appellant Nestor Taguinay's motion for reconsideration of the Court's February 27, 2012 Resolution that affirmed with modification the July 21, 2008 decision of the Court of Appeals in CA-G.R. H.C. CR No. 02206, finding the appellant guilty beyond reasonable doubt of: (1) illegal recruitment in large scale in Criminal Case No. 19287-R, and sentencing him to suffer the penalty of life imprisonment and to pay a fine of P500,000.00; and (2) four (4) counts of estafa, sentencing him to an indeterminate penalty of four (4) years and two (2) months of prision correccional, as minimum, to ten (10) years, eight (8) months and twenty-one (21) days of prision mayor, as maximum, in Criminal Case Nos. 19288- R, 19290-R and 19291-R, and an indeterminate penalty of four (4) years and two (2) months of prision correccional, as minimum, to eleven (11) years, eight (8) months and twenty-one (21) days of prision mayor, as maximum, in Criminal Case No. 19289-R.

The appellant argues that he did not undertake any ''recruitment and placement activity" since it was his co-accused, Nida Bermudez, who received the documentary requirements and promised employment to the private complainants.

We find no sound and substantial reason to reconsider our February 27, 2012 Resolution.

The prosecution adduced proof beyond reasonable doubt that through the concerted efforts of the appellant and his co-accused, Nida Bermudez, who is currently at large, the private complainants were recruited for overseas employment. In a conspiracy, the act of one is the act of all, and each of the conspirators is liable for the crimes committed by the other conspirators. Thus, even if it was Nida Bermudez who received the documents and placement fees of the private complainants, the appellant as co-conspirator is equally responsible for the acts of Nida Bermudez. cralaw

WHEREFORE, the motion for reconsideration is DENIED WITH FINALITY. No further pleadings shall be entertained Let entry of judgment be made in due course.

Reyes, J., no part for having penned the assailed CA decision; Abad, J., designated additional member per Raffle dated February 8, 2012, on official leave; Perlas-Bernabe, J., designated additional member per S.O. No 1246 dated June 26, 2012.

Very truly yours,