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unlawfully and feloniously defraud Arcele J. Bacorro in the
following manner, to wit: accused by means of false pretenses
and fraudulent representations, which they made to said Arcele J.
Bacorro representing that they had the power and capacity to
recruit and employ her to work at Macau, China and by means of
their similar deceits, induced and succeeded in inducing the said
Arcele J. Bacorro to give and deliver, as in fact the latter did give
and deliver (sic), to said accused the amount of Php 40,000.00 as
placement fee well-knowing that their representations were false
and fraudulent and made solely to obtain, as in fact they did
obtain the amount of Php 40,00.00 which amount once in their
possession, accused willfully, unlawfully and feloniously
misappropriated, misapplied and converted to their own personal,
use, gain and benefit, to the damage and prejudice of the
offended party Arcele J. Bacorro in the aforesaid sum of
P40,000.00, Philippine Currency.
Contrary to and in violation of Article 315 (2)(a) of the Revised
Penal Code."
Warrants of arrest against accused spouses were issued on various dates
and accused spouses were arrested on May 26, 2003 in Vigan, Ilocos Sur.
Nevertheless, due to budgetary constraints, accused spouses were brought
to the court a quo only on June 4, 2004.
Thereafter, upon arraignment both accused assisted by counsel pleaded "not
guilty" to the crimes charged. Joint trial ensued thereafter.
The prosecution presented as witnesses the following: private complainants
Arcele, Reynalyn, Laarni, and Roselle; Leonardo G. Rodrigo (Leonardo),
Officer-in-Charge of the Philippine Overseas Employment Administration
(POEA)-Regional Extension Unit-10, Cagayan de Oro City; and Marichu
Damasing (Marichu), Branch Clerk of Court, Branch 1, MTCC-Cagayan de
Oro City. The evidence presented by the prosecution established the
following facts.
On different dates and occasions, private complainants were recruited by
Accused Spouses to work in Macau, China for a fee. Accused spouses Owen
and Beatriz were from Vigan, Ilocos Sur but Owen grew up and finished his
high school education in Cagayan de Oro City. Owen is the first cousin of the
husbands of private complainants Reynalyn and Roselle and the nephew of
the husband of private complainant Norma.
Private complainant Arcele testified that she met accused spouses on
October 28, 2002 at around 12 o'clock noon, at the house of private
complainant Norma. The latter introduced accused spouses to her and she
was told by accused Owen that her wife, accused Beatriz, was asked by her
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