6/9/2020
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Criminal Case No. 98-77301 accuses Ochoa of the following acts constituting estafa:
That on or about March 3, 1998 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 and promise employment in
Taiwan to one ROBERT GUBAT for a consideration of P18,800.00 as
placement fee, knowing that she has no power, capacity or lawful authority
whatsoever and with no intention to fulfill her said promise, but merely as
pretext, scheme or excuse to get and exact money from said complainant,
as she did in fact collect and received the amount of P18,800.00 from said
Robert Gubat, to his damage and prejudice.[4] (Emphases supplied.)
The two other Informations for estafa were similarly worded as the aforequoted
Information, except as to the name of the private complainants and the amount
purportedly collected by Ochoa from them, particularly:
Docket No.
Private
Complainant
Amount
Collected
Criminal Case No. 9877302[5]
Criminal Case No. 9877303[6]
Cesar Aquino
P19.000.00
Junior Agustin
P32,000.00
As prayed for by the State Prosecutor, all four criminal cases against Ochoa before the
RTC were consolidated. When arraigned, Ochoa pleaded not guilty. Thereafter, joint
trial of the four criminal cases ensued.
The prosecution presented as witnesses Cory Aquino (Cory) of the Philippine Overseas
Employment Agency (POEA) and private complainants Gubat, Agustin, Francisco
Pascual (Pascual), Rosemarie Bermejo (Rosemarie), Cesar, Christopher Bermejo
(Christopher), Joebert Decolongon (Decolongon), and Fernando Rivera (Rivera).
According to private complainants, they were recruited by Ochoa from January to
March 1998 for various jobs in either Taiwan or Saudi Arabia, under the following
circumstances:
1. In the second week of February 1998, Ochoa was introduced to Robert Gubat, a
licensed electrical engineer and a resident of Pulang Lupa, Las Piñas, through a certain
Nila, Gubat's neighbor, who had a pending application for work abroad with Ochoa.
Ochoa talked to Gubat on the telephone, and during their conversation, Ochoa told
Gubat that one of her applicants was already leaving for Taiwan.
Per Ochoa's
instruction, Gubat met with Francisco Pascual, who accompanied him to Ochoa's house
in San Bartolome, Novaliches, Quezon City, and personally introduced Gubat to Ochoa.
Gubat submitted his résumé to Ochoa, which Ochoa would bring to Axil International
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/26427
2/23