to obtain, as in fact they did obtain the amount of P17,000.00 which amount once in possession, with intent
to defraud they, willfully, unlawfully and feloniously misappropriated, misapplied and converted to their own
personal use and benefit, to the damage and prejudice of said Roberto A. Perlas in the aforesaid amount
of P17,000.00, Philippine currency.
CONTRARY TO LAW.[2]
That in Criminal Case No. 92-108920 reads:
That in or about and during the comprised [period] between October 1991 and March 14, 1992, inclusive, in
the City of Manila, Philippines, the said accused conspiring and confederating together and helping one
another did then and there willfully, unlawfully and feloniously defraud Jaime Cabus y Co in the following
manner, to wit: the said accused, by means of false manifestations and fraudulent representation which
they made to said Jaime Cabus y Co to the effect that they had the power and capacity to recruit and
employ him abroad and could facilitate the processing of the pertinent papers if given the necessary
amount to meet the requirements thereof, and by means of other similar deceits, induced and succeeded in
inducing said Jaime Cabus y Co to give and deliver, as in fact he gave and delivered to said accused the
amount of P47,000.00 on the strength of said manifestations and representations, said accused well
knowing that the same were false and fraudulent and were made solely to obtain, as in fact they did obtain
the amount of P47,000.00 which amount once in possession, with intent to defraud they, willfully, unlawfully
and feloniously misappropriated, misapplied and converted to their own personal use and benefit, to the
damage and prejudice of said Jaime Cabus y Co in the aforesaid amount of P47,000.00, Philippine
currency.
CONTRARY TO LAW.[3]
Of the four accused, only Ramon Dujua was arrested and arraigned. His mother, aunt and uncle
remain at large. Ramon entered a plea of not guilty to each of the charges, whereupon trial
commenced. While the Information for illegal recruitment named several persons as having been promised
jobs by the accused, only four of them testified.
In August 1991, private complainant Beldon Caluten, accompanied by his cousin, went to the
accuseds office, the World Pack Travel and Tours located in Suite 28, Manila Midtown Arcade, Adriatico
Street, Ermita, Manila.[4] Upon Beldons inquiry, Ramon Dujua said that he sends applicants abroad and
gave Beldon an application form.Beldon filled up the form and submitted it to Ramon, who told him that he
must pay a processing fee and make an advance payment.[5]
Beldon was promised work as a factory worker in Japan.[6] On August 15, 1991, he paid Ramon the
processing fee of P1,000.00 and, the next day, an advance payment of P10,000.00.[7] Beldon paid Ramon
an additional P15,000.00 on August 21, 1991 as placement fee. [8] For these payments, Beldon was issued
receipts[9] signed by Ramons mother Rose Dujua.[10] On the last week of August 1991, Beldon gave
another P10,000.00 to Benita Valdes, another applicant in the accuseds office, but no receipt was issued
for the amount.[11] Finally, Beldon gave P41,000.00 to Rose Dujua but when Beldon asked for a receipt for
the latter payment, Rose said she already gave him one.[12]
When, despite such payments, the promise to send Beldon to work in Japan remained unfulfilled,
Beldon asked Ramon to give him back his money.[13] Beldon never recovered his payments, however,
prompting him and his fellow applicants to file a complaint at the National Bureau of Investigation (NBI). [14]