4/10/2020 E-Library - Information At Your Fingertips: Printer Friendly 687 Phil. 516 SECOND DIVISION [ G.R. No. 194255, June 13, 2012 ] THE PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. NURFRASIR HASHIM Y SARABAN A.K.A “FRANZ/FRANS,” MAKDUL JAMAD Y BUKIN (AL) A.K.A. “MACKY,” A CERTAIN “TAS,” AND A CERTAIN “JUN,” ACCUSED, BERNADETTE PANSACALA A.K.A. “NENENG AWID,” ACCUSED-APPELLANT. DECISION SERENO, J.: On appeal is the Decision[1] of the Court of Appeals (CA) in CA-G.R. CR-HC No. 00644MIN promulgated on 20 July 2010, which affirmed the conviction of herein accusedappellant Bernadette Pansacala a.k.a Neneng Awid, together with co-accused Nurfrasir Hashim y Saraban a.k.a “Franz/Frans,” Makdul Jamad y Bukin a.k.a. “Macky,” a certain “Tas” and a certain “Jun” for the crime of illegal recruitment as defined under Section 6 in relation to Section 7(b) of Republic Act. No. (R.A.) 8042 or the Migrant Workers and Overseas Filipinos Act of 1995. The Facts On 10 March 2004, accused-appellant was charged as follows:[2] That on or about June 11, 2003 and for sometime prior or subsequent thereto, in the City of Zamboanga, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring and confederating together, mutually aiding and assisting with one another without having previously obtained from the Philippine Overseas Employment Administration, license or authority to engage in the recruitment and deployment of overseas workers, did then and there willfully [sic], unlawfully and feloniously, illegally recruit for a promised employment abroad particularly in Brunei and Malaysia, thus causing and prompting the persons of BBB and AAA[3] to apply which employment however did not materialize because in truth and in fact, the promised employment is non-existent, in flagrant violation of the above-mentioned law and causing damage and prejudice to said complainants; further, the commission of the above stated offense tantamount to economic sabotage in that the same was committed by a syndicate. Only accused-appellant and Nurfrasir Hashim y Saraban were arrested, and both elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/54824 1/10

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