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672 Phil. 46
FIRST DIVISION
[ G.R. No. 173792, August 31, 2011 ]
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ROSARIO
"ROSE" OCHOA, ACCUSED-APPELLANT.
DECISION
LEONARDO-DE CASTRO, J.:
For Our consideration is an appeal from the Decision[1] dated March 2, 2006 of the
Court of Appeals in CA-G.R. CR.-H.C. No. 00888, which affirmed with modification the
Decision[2] dated April 17, 2000 of the Regional Trial Court (RTC), Quezon City, Branch
104, in Criminal Case Nos. 98-77300 to 98-77303. The RTC found accused-appellant
Rosario "Rose" Ochoa (Ochoa) guilty of illegal recruitment in large scale, as defined and
penalized under Article II, Section 6 in relation to Section 7(b) of Republic Act No.
8042, otherwise known as the "Migrant Workers and Overseas Filipinos Act of 1995," in
Criminal Case No. 98-77300; and of the crime of estafa, as defined and penalized in
Article 315, paragraph 2(a) of the Revised Penal Code, in Criminal Case Nos. 98-77301,
98-77302, and 98-77303.
The Information filed before the RTC and docketed as Criminal Case No. 98-77300,
charged Ochoa with illegal recruitment in large scale, allegedly committed as follows:
That on or about the period covering the months of February 1997 up to
April 1998 or immediately before or subsequent thereto in Quezon City,
Philippines and within the jurisdiction of this Honorable Court, the above
name accused, did then and there willfully, unlawfully and feloniously recruit
Robert Gubat, Junior Agustin, Cesar Aquino, Richard Luciano,
Fernando Rivera, Mariano R. Mislang, Helen B. Palogo, Joebert
Decolongon, Corazon S. Austria, Cristopher A. Bermejo, Letecia D.
Londonio, Alma Borromeo, Francisco Pascual, Raymundo A. Bermejo
and Rosemarie A. Bermejo for a consideration ranging from P2,000.00
to P32,000.00 or a total amount of P124,000.00 as placement fee which
the complainants paid to herein accused without the accused having secured
the necessary license from the Department of Labor and Employment.[3]
(Emphases supplied.)
Three other Informations were filed before the RTC and docketed as Criminal Case Nos.
98-77301, 98-77302, and 98-77303, this time charging Ochoa with three counts of
estafa, committed separately upon three private complainants Robert Gubat (Gubat),
Cesar Aquino (Cesar), and Junior Agustin (Agustin), respectively. The Information in
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/26427
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