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petitioner did not present any plausible proof to rebut its truthfulness.
Exhibit A is therefore admissible in evidence.[49]
In the case at bar, the POEA certification was signed by Dir. Mateo of the POEA
Licensing Branch. Although Dir. Mateo himself did not testify before the RTC, the
prosecution still presented Cory, Dir. Mateo's subordinate at the POEA Licensing Branch,
to verify Dir. Mateo's signature.
Also worth re-stating is the justification provided by the Court of Appeals for the
admissibility of the POEA certification, viz:
The certificate is admissible. It is true that the trial court, during the bail
hearings, rejected the certification for being hearsay because at that stage
of the proceedings, nobody testified yet on the document. However, as the
trial progressed, an officer of the POEA, specifically in its licensing branch,
had testified on the document. It does not follow, then, as appellant would
want this court to assume, that evidence rejected during bail hearings could
not be admissible during the formal offer of evidence.
This court admits that Ms. Cory Aquino was not the signatory of the
document. Nevertheless, she could testify on the veracity of the document
because she is one of the officers of the licensing branch of the POEA. Being
so, she could testify whether a certain person holds a license or not. It
bears stressing that Ms. Aquino is familiar with the signature of Mr. Mateo
because the latter is her superior. Moreover, as testified to by Ms. Aquino,
that as a policy in her office, before a certification is made, the office checks
first whether the name of the person requested to be verified is a reported
personnel of any licensed agency by checking their index and computer files.
As found in the office's records, appellant, in her personal capacity, is
neither licensed nor authorized to recruit workers for overseas employment.
It bears stressing, too, that this is not a case where a certification is
rendered inadmissible because the one who prepared it was not presented
during the trial. To reiterate, an officer of the licensing branch of the POEA,
in the person of Ms. Aquino, testified on the document. Hence, its execution
could be properly determined and the veracity of the statements stated
therein could be ascertained.[50]
More importantly, Ochoa could still be convicted of illegal recruitment even if we
disregard the POEA certification, for regardless of whether or not Ochoa was a licensee
or holder of authority, she could still have committed illegal recruitment. Section 6 of
Republic Act No. 8042 clearly provides that any person, whether a non-licensee,
non-holder, licensee or holder of authority may be held liable for illegal
recruitment for certain acts as enumerated in paragraphs (a) to (m) thereof. Among
such acts, under Section 6(m) of Republic Act No. 8042, is the "[f]ailure to reimburse
expenses incurred by the worker in connection with his documentation and processing
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/26427
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