6/7/2020
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Meanwhile, prosecution witness, Rosalina Rosales testified that as per Certification[32]
issued by Noriel Devanadera, Director IV, Licensing and Regulation Office, POEA,
appellant Dela Cruz is not authorized to recruit workers for overseas employment
during the year 2005 up to the present. Rosales was the one who prepared the
Certification signed by Director Devanadera.
For the defense, appellant testified that prior to her arrest, she has worked in South
Korea as an OFW for five years and three months. She alleged that private
complainants, namely, Armely Aguilar, Adona Lavaro and Sheryl Aguilar were
introduced to her by a certain Alma Palomares, the sister of her compadre Aldrin who
was also an OFW in South Korea.[33] Thereafter, private complainants asked her the
necessary requirements for them to be able to work in South Korea.
Appellant denied that she promised private complainants an;y deployment abroad,
specifically in South Korea. She claimed that she just told them to secure the needed
documents. Appellant averred that she introduced the complainants to her agent
named "Rosa," who assisted her in going to Korea. She also admitted that she assisted
the complainants in securing the original copies of ITR, employment certificate and
bank certificate to get a tourist visa. However, after introducing the complainants to
"Rosa", appellant claimed to be unaware anymore as to what happened next because
she went to the province as she was pregnant that time.[34]
When confronted with an acknowledgement receipt marked as Exh. "A", appellant
declared that said document represents the payment in securing the ITR and the bank
certification. She averred that the amount of P40,000.00 was personally delivered to
her and thereafter she gave the amount to Alma Palomares.[35] She said she did not
know what Alma did with the money. She further added that private complainants filed
a case against her just because she was the one who talked to them and they could not
contact Aldrin, who was still in South Korea at that time.
On cross-examination, appellant testified that she facilitated for a fee the procurement
of private complainants' papers like ITR, bank certificate and certificate of employment.
She confirmed having received the amount of P40,000.00 for the facilitation of said
documents. She claimed that Madam Rosa, Alma Palomares and private complainants
were the ones communicating with each other.[36]
Appellant likewise admitted that the documents which she produced for private
complainants were all fake. She recalled that her first entry to South Korea was illegal
because she also used fake ITR, bank certificate and certificate of employment.
Appellant, however, averred that she merely referred private complainants to the
person who faked all her papers but she has no hand in the preparation of the fake
documents.[37]
On October 21, 2010, the RTC found the accused-appellant guilty of the cime of illegal
recruitment in large scale and estafa. The dispositive portion of said decision reads in
this wise:
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63140
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