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335 Phil. 306
SECOND DIVISION
[ G.R. No. 110391, February 07, 1997 ]
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS.DOLORES
DE LEON Y MISAJON, ACCUSED-APPELLANT.
DECISION
ROMERO, J.:
Appellant Dolores de Leon was charged with violation of Article 38 (a) of Presidential
Decree 1412 in relation to Article 15 (b) and (c) of the Labor Code in an information
which reads:
"That in or about and during the period comprised between July 6, 1992 and
September 30, 1992, inclusive, in the City of Manila, Philippines, the said
accused, representing herself to have the capacity to contract, enlist and
transport Filipino workers for employment in Jeddah/Saudi Arabia, did then
and there wilfully and unlawfully for a fee, recruit and promise
employment/job placement in said country to Roberto Porio y Silva,
Ambrosio Miler y dela Cruz, Rafael Laurente y Enriquez, Olimpia Guillena y
Daliopac, Cipriano Perez y Bongoy, Charlene Tatlonghari y Sota, Elvira Banta
y Puno, Purita Joaquin y Flores, Loreta Tatlonghari y Toboro, Joseph Chavez
y Cater, Analiza Tatlonghari y Toboro, Jaime Indaya y Lambozon, Manuel
Cabusao y Parungao, Edgardo Alagao y dela Cruz, Raymunda Miguelles y
Balaba, Desiree dela Cruz y Laconsay, Felicidad Galvez y Ducusin, Exequiel
Miguelles y Cirunay, Rosenda Jose y Perez, Guillermo Lampa y Tansueco,
Edmar Alagao y dela Cruz, Rommel Lozano y Cortez, Rodante Sunico y
Galvez and Romeo Porio y Silva, without first having secured the required
license or authority from the Department of Labor and Employment."
The prosecution's evidence shows that:
Appellant is a former overseas contract worker placed by All Seasons
Manpower for employment as a midwife in Kuwait from 1989 to September
1991 and as a nursing aide in Jeddah from February 1992 to June 1992.
On August 14, 1992, appellant went to the house of Mr. Tatlonghari and
offered him and his daughter-in-law, Charlene Tatlonghari, placement in
Jeddah, Saudi Arabia. Although Charlene already had a pending application
in another agency, she still submitted her bio-data to appellant.
On August 15, 1992, appellant told Charlene that she would be hired as a
clerk with a monthly salary of US$450.00. On August 16, 1992, Charlene
withdrew her passport from the other agency and gave it to appellant
together with P1,000.00, which was P400.00 short of the amount required
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