G. R. No. 178337
13 of 21
http://sc.judiciary.gov.ph/jurisprudence/2009/june2009/178337.htm
(P20,000.00)
RECEIVED from Felix Biacora the amount of PESOS twenty
thousand (P20,000.00) in full payment of amount described above.
By: (Sgd.) Carmen Ritualo
[46]
And the third receipt reads:
RECEIPT
No. _____________ Date: 6-1-2000
RECEIVED from Felix Biacora the sum of Pesos Twenty thousand (P20,000.00) as
payment for for Visa.
Partial _______ Cash _____√_____
Balance ______ Check No. _______
(Sgd.) Carmen Ritualo
[47]
Authorized Signature
Petitioner Ritualo next tried to impress upon this Court that she received nary a
centavo from the subject illegal transaction; therefore, she should not be held liable.
We reject this outright. In the first place, it has been abundantly shown that she really
received the monies from Biacora. Secondly, even without consideration for her services,
she still engaged in recruitment activities, since it was satisfactorily shown that she
promised overseas employment to Biacora. And, more importantly, Sec. 6 of Republic Act
No. 8042 does not require that the illegal recruitment be done for profit.
Petitioner Ritualo boldly but vainly tried to inject reasonable doubt by complaining
that the RTC and the Court of Appeals affirmed her conviction despite failure of the
prosecution to present other vital witness, i.e., Biacoras wife, who accompanied her
husband to the house of petitioner Ritualo and, hence, witnessed what happened on the first
meeting between the latter and Biacora. Non-presentation of said witness, according to
petitioner Ritualo, raises the presumption that her testimony, if presented, would be adverse
to the prosecution.
1/28/2016 11:03 AM