People vs Benemerito : 120389 : November 21, 1996 : J Davide Jr : Th...
2 of 10
http://sc.judiciary.gov.ph/jurisprudence/1996/nov1996/120389.htm
committed, as follows:
That sometime during the months comprised from February to August 1993 in Quezon City, Philippines,
the abovenamed accused, conspiring together, confederating with and mutually helping each other,
without any authority of law, did then and there wilfully, unlawfully and feloniously recruit and promise
employment to Brunei to the persons of FERNANDO ARCAL, ROLANDO ESPINO, CARLITO B.
GUMARANG, BENJAMIN J. QUITORIANO, JULIO CABALLA and JOSE AQUINO, JR., by then and
there requiring them to submit certain documentary requirements and exacting from them the total amount
of P583,000.00, Philippine Currency as recruitment fees without the required necessary license or
authority from the Department of Labor and Employment.
That the crime described above is committed in large scale as the same was perpetrated against six (6)
persons individually or as a group as penalized under Article 38 in relation to Article 39 as amended by
P.D. No. 2018 of the labor Code.
CONTRARY TO LAW.
[3]
The amended information in Criminal Case No. Q-93-51512 charged them with Estafa allegedly
committed, thus:
That sometime during the months comprised from February to August 1993 in Quezon City, Philippines,
the said accused conspiring together, confederating with and mutually helping each other, did then and
there wilfully, unlawfully and feloniously defraud JOSE N. AQUINO, JR. in the following manner, to wit:
representation which they made to said JOSE N. AQUINO, JR. to the effect that they had the power and
capacity to recruit and employ JOSE N. AQUINO, JR. as worker and could facilitate the processing of the
pertinent papers if given the necessary amount to meet the requirements thereof, and by means of other
similar deceits, induced and succeeded in inducing said JOSE N. AQUINO, JR. to give and deliver, as in
fact gave and delivered to said accused the amount of P17,000.00 on the strength of said manifestations
and representations, said accused well knowing that the same were false and fraudulent and were made
solely to obtain, as in fact did obtain the amount of P17,000.00 which amount once in possession, with
intent to defraud him, wilfully, unlawfully and feloniously misappropriated, misapplied and converted to
their own personal use and benefit, to the damage and prejudice of said JOSE N. AQUINO, JR. in the
aforesaid amount of P17,000.00 Philippine Currency.
CONTRARY TO LAW.
[4]
The informations in Criminal Cases Nos. Q-93-51513, Q-93-51514 and Q-93-51515,
charging the accused-appellant and Precy Benemerito with Estafa in each case, contain
substantially the same allegations as that in Criminal Case No. Q-93-51512, except as to the
names of the complainants and the amounts involved viz., (a) Benjamin Quitoriano and
[5]
P50,000.00 in Criminal Case No. Q-93-51513; (b) Fernando Arcal and P50,000.00 in Criminal
[6]
Case No. Q-93-51514;
and (c) Carlito Gumarang and P105,000.00 in Criminal Case No.
[7]
Q-93-51515.
Only the accused-appellant was arrested, while Precy Benemerito has remained at large up
to the present. These cases were consolidated and joint trial thereon was had only against the
accused-appellant after he entered a plea of innocence in the five cases on 27 April 1994.
The witnesses presented by the prosecution were complainants Bejamin Quitoriano,
Fernando Arcal and Carlito Gumarang; and Graciano Oco, the Senior Labor and Employment
Officer of the Philippine Overseas Employment Administration (POEA). Fernando Arcal was
recalled as a rebuttal witness.
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