G. R. No. 178337 http://sc.judiciary.gov.ph/jurisprudence/2009/june2009/178337.htm Thereafter, Biacora filed the subject criminal complaints against petitioner Ritualo. [20] [21] In two Certifications dated 23 October 2000 and 5 November 2003, respectively, both identified by Belen Blones of the Licensing Division of the POEA, it was confirmed that per available records of [its] Office, CARMEN RITUALO, in her personal capacity is not licensed by this Administration to recruit workers for overseas [22] employment ; and that [a]ny recruitment activity undertaken by [her] is deemed [23] illegal. To rebut the foregoing evidence presented by the prosecution, the defense presented a diametrically opposed version of the facts of the present case through the sole testimony of Ritualo. In her testimony, Ritualo narrated that it was Libutan and Biacora who asked her to introduce them to a certain Anita Seraspe, the person responsible for sending petitioner [24] Ritualos own sister to Australia; that she had no agreement with Biacora respecting the latters employment in Australia; that any talk of money was made among Libutan, Biacora and Seraspe only; that she received a total of P80,000.00 from Biacora, but that the same [25] was merely entrusted to her because Libutan and Biacora had just met Seraspe, and that she turned over all the payments to Seraspe who acknowledged receipt of the same by writing on pieces of paper said acceptance; that she accompanied Biacora to Batasan Pambansa at his request; that she did not earn any money out of her referral and introduction of Libutan and Biacora to Seraspe; that even if she did not earn any money out of the subject transaction, she returned P10,000.00 and P31,000.00, or a total of P41,000.00, to Biacora out of fear that the latter would file charges against her; that she tried to find Seraspe, but the latter could not be found at her last known address; and that she gave Biacora an additional P6,000.000 to obviate any more scandal befalling her [26] family. On 1 December 2004, after trial, the RTC found the evidence presented by the prosecution to be more credible and logical than that presented by the defense and thus, convicted Ritualo for the crimes of Simple Illegal Recruitment and Estafa, defined and penalized under the Migrant Workers and Overseas Filipino Act of 1995 and the Revised Penal Code, respectively. The dispositive portion of the trial courts judgment stated: 5 of 21 1/28/2016 11:03 AM