G. R. No. 178337
3 of 21
http://sc.judiciary.gov.ph/jurisprudence/2009/june2009/178337.htm
[9]
On 13 October 2003, however, the RTC ordered the revival of the cases upon the
motion of the prosecution, on the ground that Ritualo reneged on her undertaking as
embodied in a handwritten note entitled, Kasunduan viz:
May 26, 2003
Kasunduan
Ako si Carmen Ritualo, ay sa araw na ito May 26, 2003, nagbabayad kay Felix
Biacora ng halagang Sampunglibong Piso (P10,000.00) at ang natirang Twenty One
Thousand Pesos ay babayaran ko sa loob ng Tatlong Buwan magmula ngayon.
(Sgd.)
Carmen Ritualo
Akusado
Sumang-ayon:
(Sgd.)
Felix Biacora
[10]
Complainant
In the ensuing trial, the prosecution presented two witnesses, namely, Felix Biacora,
[11]
the victim;
and Belen Blones, employee of the Licensing Branch of the Philippines
Overseas Employment Agency (POEA). Taken altogether, the evidence of the prosecution
established the following facts:
In 1993, Felix Biacora went to Saudi Arabia for overseas employment that was
[12]
facilitated by one Cynthia Libutan (Libutan) who worked for a recruitment agency.
Several years after his return to the country, Biacora accidentally met Libutan in Baclaran
Church sometime in 2000. After they exchanged pleasantries, the former signified to the
latter his desire to seek another overseas employment. Libutan then gave Biacora the name,
address and contact number of her friend, one Carmen Ritualo, the petitioner herein, who
was able to help Libutans sister find work in Australia. Biacora thereafter called petitioner
Ritualo to set up a meeting.
On 1 May 2000, accompanied by his wife, Biacora went to the house of petitioner
Ritualo and inquired from her whether she could help him secure overseas employment in
Australia. Petitioner Ritualo answered in the affirmative, and to be convincing, brought out
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