FIRST DIVISION
[G.R. NO. 148137. January 16, 2003]
PEOPLE OF THE PHILIPPINES, appellee, vs. DOMINGA CORRALES
FORTUNA, appellant.
DECISION
VITUG, J.:
On 29 September 1998, Dominga Corrales Fortuna, herein appellant, was charged
with illegal recruitment in large scale under Section 6, paragraph (m), of Republic Act
No. 8042, said to have been committed thusly:
That sometime in the month of July, 1998, in the City of Cabanatuan, Republic of the
Philippines and within the jurisdiction of this Honorable Court, the above-named
accused who is neither a licensee nor holder of authority in the overseas private
recruitment or placements activities, did then and there, willfully, unlawfully and
feloniously undertake a recruitment activity by inducing and convincing REBECCA
P. DE LEON, ANNIE M. NUQUE, NENITA A. ANDASAN, ANGELYN N.
MAGPAYO, LINA N. GANOT and EDGARDO C. SALVADOR, that she could
secure for them a job in Taiwan, and as a result of such enticement, said Rebecca P.
De Leon, Annie M. Nuque, Nenita A. Andasan, Angolan N. Magpayo, Lina N. Ganot
and Edgardo C. Salvador, who were interested to have such employment, gave and
delivered to the accused the total sum of THIRTY TWO THOUSAND FOUR
HUNDRED PESOS (P32,400.00), Philippine Currency, representing medical fees in
connection thereof, to the latters damage and prejudice as they were not able to get a
job in Taiwan through no fault of their own as promised by the accused, who likewise
failed to reimburse to herein complainants the aforementioned amount despite
repeated demands; that considering that there are six (6) or more complainants
prejudiced by the unlawful acts of the accused, the same is deemed committed in large
scale and considered an offense involving economic sabotage.
[1]
When arraigned on 29 February 2000, appellant Dominga Fortuna, with the
assistance of counsel, pleaded not guilty to the crime charged; trial then ensued.
Taking the witness stand for the prosecution were private complainants Lina Ganot,
Nenita Andasan and Angelyn Magpayo.