G. R. No. 178337
4 of 21
http://sc.judiciary.gov.ph/jurisprudence/2009/june2009/178337.htm
travel documents of several people she was able to help, who were then supposedly
[13]
scheduled to leave for abroad pretty soon.
Biacora was then assured that:
[He could] leave for Australia [in a months time] if [he] will give [petitioner Ritualo] a total
amount of P160,000.00, and [his] salary would be US$700.00 per month as a farm
[14]
worker.
On the above-quoted representation on the same date, Biacora paid petitioner Ritualo
the amount of P40,000.00 as downpayment, with the balance to be completed before he left
for Australia. Upon receipt of the money, petitioner Ritualo issued Biacora a Cash
[15]
Voucher
as evidence of said payment. To complete their transaction, Biacora left her a
[16]
copy of his Bio-data.
On 4 May 2000, Biacora again gave petitioner Ritualo P20,000.00 as additional
payment, making the total amount received by the latter P60,000.00. Again, petitioner
[17]
Ritualo issued a Cash Voucher.
Subsequently, Biacora was informed by petitioner Ritualo that all he needed in
securing an employment in Australia was his Passport and an endorsement from the
Representative of his district. Accompanied by petitioner Ritualo and one Anita Seraspe,
[18]
the assistant
of the former, Biacora went to the Batasan Pambansa to secure the
necessary endorsement. Thereafter, all three went to the Australian Embassy to apply for
Biacoras working visa.
On 1 June 2000, Biacora went to see petitioner Ritualo to follow up the date of his
departure. Petitioner Ritualo asked from Biacora another P20,000.00 and told the latter to
[19]
was similarly issued to
be patient. As with the other amounts given, proof of payment
acknowledge receipt thereof.
Several dates were set for Biacoras departure, but none pushed through. To top it all,
his Australian Visa application was denied by the Australian Embassy. Consequently, on 9
September 2000, Biacora demanded from petitioner Ritualo the return of the P80,000.00.
The latter promised to pay back the money on the 13th of September 2000. None came.
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