G.R. No. 179907
2 of 7
http://sc.judiciary.gov.ph/jurisprudence/2009/feb2009/179907.htm
undertook the processing of the papers necessary for the deployment (under a tourist visa)
and employment of Menardo in South Korea. Petitioner informed Menardo that he would
[3]
be employed as factory worker, which was, subsequently, changed to bakery worker.
Thereafter, Menardo paid the said fee in installments, the first in September 2001 in the
[4]
amount of P10,000.00, which was received by a certain Pastor Paulino Cajucom;
the
second installment was P35,000.00; while the third and last payment was P40,000.00; the
[5]
last two installments were delivered to the petitioner.
After two postponements in his flight schedule, Menardo finally left for South Korea on
November 25, 2001. Unfortunately, he was incarcerated by South Korean immigration
authorities and was immediately deported to the Philippines because the travel documents
[6]
He immediately contacted petitioner and
issued to him by the petitioner were fake.
informed her of what happened. Thereupon, petitioner promised to send him back to South
Korea, but the promise was never fulfilled. Consequently, Menardo and his sister Vilma
demanded the return of the money they paid, but petitioner refused and even said,
Magkorte na lang tayo.
[7]
It was later found out that petitioner was no longer connected
with Silver Jet.
Hence, the separate charges for illegal recruitment and estafa against petitioner before the
Regional Trial Court (RTC) of Manila. Raffled to Branch 34, the cases were docketed as
Criminal Case No. 03-215331 for Illegal Recruitment and Criminal Case No. 03-215332
[8]
for Estafa. When arraigned, she pleaded not guilty to both charges.
In her defense, petitioner testified that she owned a travel agency named A&B Travel and
Tours General Services, engaged in the business of visa assistance and ticketing. She
averred that it was Vilma who solicited her assistance to secure a tourist visa for Menardo.
She admitted transacting with the Villarins, but committed only to securing a tourist visa
and a two-way airplane ticket for Menardo, for which she received P70,000.00 as payment.
She denied having recruited Menardo Villarin; she likewise denied having promised him
[9]
employment in South Korea.
On February 15, 2005, the RTC rendered a Decision finding petitioner guilty beyond
[10]
reasonable doubt of illegal recruitment and estafa.
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