mutually helping one another, did then and there, wilfully, unlawfully and feloniously undertake
and perform recruitment activity by recruiting ARTURO SIAPNO and ROMULO PADLAN to a
supposed job abroad particularly in Israel, for a fee, without first securing the necessary license
and permit to do the same.
CONTRARY to Art. 38 (a) of P.D. 442, as amended by P.D. 2018.
Upon arraignment on August 20, 2001, petitioner, with the assistance of her counsel pleaded not guilty,
whereas accused Jonney Erez Mokra was and is still at-large. Thereafter, trial on the merits ensued.
To establish the facts earlier mentioned, the prosecution presented the testimonies of Romulo Padlan and
Arturo Siapno. Petitioner, on the other hand, offered her own testimony, as well as Satchi Co Pontace’s to
prove that petitioner did not recruit the private respondents. According to petitioner, private respondents
went to her to inquire about the working status of her sister in Israel. She told them that her sister was
doing well. When private respondents asked her how her sister was able to go to Israel, petitioner told
them that she does not know and that she will have to ask her sister about that matter. Petitioner then
called her sister and told her that the private respondents wanted to ask for her help in going to Israel. It
was petitioner's sister and the private respondents who communicated with each other, and the petitioner
had no knowledge as to the content of the former's conversations and agreements.
The RTC found petitioner guilty as charged. The dispositive portion of its decision reads as follows:
WHEREFORE, the Court finds accused Delia Romero guilty beyond reasonable doubt of the
crime of Illegal Recruitment as defined in paragraph (a) of Article 38 of Presidential Decree No.
442, as amended by Presidential Decree No. 2018, and pursuant to law hereby sentences
accused Delia Romero to suffer the penalty of Eight (8) Years and a fine of P100,000.00 plus
costs.
Accused Delia Romero is directed to return the amount of $3,600.00 or its equivalent to
complainant Romulo Padlan and the amount of $3,600.00 or its equivalent to Arturo Siapno.
The case as against Jonney Mokra aka Erez, is hereby ordered archived subject to
reinstatement upon his arrest.
SO ORDERED.
On appeal, the CA affirmed in toto the decision of the RTC, the fallo of which states:
WHEREFORE, premises considered, the appealed Decision is AFFIRMED in toto.
SO ORDERED.
Hence, the present petition after petitioner's motion for reconsideration was denied by the CA. Petitioner
enumerates the following assignment of errors:
First Assignment of Error
The Court of Appeals erred in affirming the conviction of the accused of the offense charged
(Illegal Recruitment) for said finding is contrary to law and evidence in record.
Second Assignment of Error
The Court of Appeals erred in affirming the conviction of the accused in interpreting the gesture
of good faith of the petitioner as referral in the guise of illegal recruitment.
Third Assignment of Error
The Court of Appeals erred in affirming the conviction of the accused based merely on a