G.R. No. 175229
2 of 14
http://sc.judiciary.gov.ph/jurisprudence/2009/jan2009/175229.htm
[6]
submitted evidence before it.
After several months, accused-appellants were apprehended for their involvement in
other cases of illegal recruitment and estafa. Private complainants Magnaye, Agramon and
Devanadera were summoned to a preliminary investigation at the DOJ.
On October 8, 1999, the DOJ issued a Resolution
[7]
recommending the filing of the
corresponding Information against Lo and the accused-appellants. Accordingly, on December
28, 1999, an Information
[8]
was filed with the RTC, charging Lo and accused-appellants with
illegal recruitment in large scale defined and penalized under Sections 6 and 7, respectively, of
[9]
Republic Act No. 8042, docketed as Criminal Case No. 00-179745. The relevant portion of
the Information follows:
Criminal Case No. 00179745:
That on or about September 1998, and thereafter in Manila, and within the jurisdiction
of this Honorable Court, the above-named accused, did then and there willfully, unlawfully
and feloniously recruit the herein complainants, FE MAGNAYE, LUCILA AGRAMON and
DAISY DEVANADERA to Italy as factory workers for the consideration thereof, they were
required to pay placement fees, the complainants delivered and paid the total amount
(P110,000.00) Philippine Currency for the consideration thereof, without accused having
secured the necessary license and authority from the Department of Labor and Employment
to recruit and deploy workers to Italy.
CONTRARY TO LAW.
Three separate Informations
[10]
for estafa arising from the same acts penalized under
paragraph 2(a), Article 315 of the Revised Penal Code were also filed against the three,
docketed as Criminal Case Nos. 00-180519, 00-180520, and 00-180521, thus:
Criminal Case No. 00-180519:
That on or about October 1998, and thereafter in Manila, Philippines, and within the
jurisdiction of this Honorable Court, the above-named accused, conspiring and confederating
with each other, did then and there willfully, unlawfully and feloniously recruit and promise
employment to FE MAGNAYE in Italy as factory worker for a total consideration of fifty five
thousand pesos (P55,000.00) as placement and processing fees, knowing that they have no
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