G.R. Nos. 117145-50 & 117447, March 28, 2000 PEOPLE OF THE PHILIPPINES v. LEONIDA MERIS y PADILLA KAPUNAN, J.:

FACTS:

Accused-appellant was charged and convicted of illegal recruitment in large scale and estafa.  She contends that her conviction was erroneous because the court never acquired jurisdiction over her person, as her arrest was illegal, and that the prosecution failed to establish estafa.

ISSUE:

Whether the lower court erred in not dismissing this case on the ground of lack of jurisdiction on its part over the person of the accused-appellant by reason of the fact that the warrantless arrest of the accused-appellant was illegal.

HELD:

Jurisdiction over the person of the accused is acquired either by arrest or voluntary appearance in court.  Hence, granting arguendo that accused-appellant’s arrest was defective, such is deemed cured upon her voluntary submission to the jurisdiction of the court. It should be stressed that the question of legality of an arrest affects only the jurisdiction of the court over the person of the accused. Consequently, if objections based on this ground are waived, the fact that the arrest was illegal is not sufficient cause for setting aside an otherwise valid judgment. The technicality cannot render the subsequent proceedings void and deprive the State of its right to convict the guilty when all the facts on record point to the culpability of the accused.

Estafa is committed by any person who defrauds another by using a fictitious name, or falsely pretends to possess power, influence, qualifications, property, credit, agency, business or imaginary transactions, or by means of similar deceits executed prior to or simultaneously with the commission of the fraud. The offended party must have relied on the false pretense, fraudulent act or fraudulent means of the accused-appellant and as a result thereof, the offended party suffered damages.