677 Phil. 151
THIRD DIVISION
[ G.R. No. 171644, November 23, 2011 ]
DELIA D. ROMERO, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, ROMULO
PADLAN AND ARTURO SIAPNO, RESPONDENTS.
DECISION
PERALTA, J.:
This is to resolve the Petition for Review on Certiorari[1] dated March 25, 2006 of petitioner Delia D.
Romero assailing the Decision[2] dated July 18, 2005 and Resolution[3] dated February 13, 2006 of the
Court of Appeals (CA), affirming the Decision[4] dated February 24, 2004 of the Regional Trial Court (RTC),
Branch 44, Dagupan City, finding petitioner guilty beyond reasonable doubt of the crime of Illegal
Recruitment as defined in paragraph (a) of Article 38 of Presidential Decree (P.D.) No. 2018.
The records contain the following antecedent facts:
Private respondent Romulo Padlan (Romulo) was a former classmate of petitioner in college. Sometime in
September 2000 Romulo went to petitioner's stall (wedding gown rentals) at W. A. Jones St., Calasiao,
Pangasinan to inquire about securing a job in Israel. Convinced by petitioner's words of encouragement
and inspired by the potential salary of US$700.00 to US$1,200.00 a month, Romulo asked petitioner the
amount of money required in order for him to be able to go to Israel. Petitioner informed him that as soon
as he could give her US$3,600.00, his papers would be immediately processed. To raise the amount,
Romulo secured a loan from a bank and borrowed some more from his friends. When he was able to raise
the amount, Romulo went back to petitioner and handed her the money. Petitioner contacted Jonney Erez
Mokra who instructed Romulo to attend a briefing at his (Jonney's) house in Dau, Mabalacat, Pampanga.
Romulo was able to leave for Israel on October 26, 2000 and was able to secure a job with a monthly
salary of US$650.00. Unfortunately, after two and a half months, he was caught by Israel's immigration
police and detained for 25 days. He was subsequently deported because he did not possess a working
visa. On his return, Romulo demanded from petitioner the return of his money, but the latter refused and
failed to do so.
On the other hand, private respondent Arturo Siapno is petitioner's nephew. Sometime in August 2000,
he went to petitioner's stall. He was convinced by the petitioner that if he could give her US$3,600.00 for
the processing of his papers, he could leave the country within 1 to 2 weeks for a job placement in Israel.
Arturo contacted a relative in the U.S. to ask the latter to cover the expenses for the former's overseas
job placement. The relative sent the US$3,000.00 to Teresita D. Visperas, petitioner's sister in Israel.
Petitioner processed Arturo's papers and contacted Jonney Erez Mokra. Jonney instructed Arturo to attend
a briefing in Dau, Mabalacat, Pampanga. Afterwards, Arturo left for Israel sometime in September 2000.
He was able to work and receive US$800.00 salary per month. After three months of stay in Israel, he
was caught by the immigration officials, incarcerated for ten days and was eventually deported. After
arriving in the country, Arturo immediately sought the petitioner. Petitioner promised him that she would
send him back to Israel, which did not happen.
Arturo, after learning that Romulo suffered the same fate, checked with the Department of Labor and
Employment (DOLE) Dagupan District Office whether petitioner, Teresita D. Visperas and Jonney Erez
Mokra had any license or authority to recruit employees for overseas employment. Finding that petitioner
and the others were not authorized to recruit for overseas employment, Arturo and Romulo filed a
complaint against petitioner, Teresita and Jonney before the National Bureau of Investigation (NBI).
Consequently, an Information dated June 18, 2001 was filed against petitioner and Jonney Erez Mokra for
the crime of Illegal Recruitment which reads as follows:
That sometime in the month of August and September 2000 in the Municipality of Calasiao,
Province of Pangasinan, Philippines, and within the jurisdiction of this Honorable Court, the
above-named accused, not being licensee or holder of authority, conspiring, confederating and