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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
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