5/28/2020
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own business named Green Pastures Worldwide Tours and Consultancy
Corporation in their residence at No. 4 Sta. Maria Apartment, India St.,
Better Living Subdivision, Barangay Don Bosco, Parañaque City.
Having been convinced by the documents shown to him at the Taft Avenue
office, [De Guzman] paid [Daud] the amount of P35,000[.]00 as initial
payment for his placement fee at the latter’s office and residence in
Parañaque City on February 2, 2001. On February 5, 2001, [De Guzman]
gave [Daud] the amount of P15,000[.]00 which was witnessed by Hanelita.
He gave another P15,000.00 on February 22, 2001. However, he lost the
original receipts.
On March 3, 6 and 7, 2001, [De Guzman] again gave [Daud] x x x different
amounts consisting of P35,000.00, P30,000.00 and P15,000.00,
respectively, at her office in Parañaque City (Exhibits “A” to “C”). In [De
Guzman]’s presence, [Daud] counted the money, issued receipts therefor as
“processing fees of Nike applicants”, affixed her signature after signing the
receipts in the name of “Nimfa Min”. [Daud] explained to him that “Nimfa
Min” was her contact who happened to be the wife of a Korean national. [De
Guzman] trusted [Daud] and accepted her explanation. Whenever he gave
his payment to [Daud], it was in the presence of Hanelita and [appellant]
but he did not require the two to sign as witnesses because he trusted them
as they were members of the same family. [De Guzman] was told by
[Daud] and [appellant] that he and his group would be leaving in two week’s
time.
[De Guzman] and his companions were instructed to appear before the
Korean Embassy and were promised that they would be able to leave on
March 11, 2001 as trainee workers in Korea where they would earn a
monthly salary of US$400, overtime pay, with benefits of free board and
lodging and 30-day leave within a year. De Guzman’s group were shown
photocopies of their passport and stamped visas for Korea. However, they
were not given their working permits and job contracts.
When their departure date was getting near, [Daud] postponed it thrice.
Eventually, [De Guzman] asked from accused [Daud] a photocopy of his
passport with a stamped Korean Visa. Upon inquiry with the Korean
Embassy, [De Guzman] was told that it was fake. He proceeded to the
Philippine Overseas Employment Administration (POEA) and verified the
registration of Green Pastures Worldwide Tour and Consultancy Corporation.
The POEA informed them that it was not registered with the POEA and gave
[De Guzman] a certification to the effect that the said agency was not
licensed to recruit employees for abroad (Exhibit D).
Embarrassed because of the money given by his cousins, [De Guzman]
verbally asked [Daud], Hanelita and [appellant] to return the money. They
promised him that they would settle the matter but they failed to return the
money. x x x.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57079
5/19