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NBI clearance, passport, and pictures, but Rivera submitted only his NBI clearance. In
January 1998, Rivera paid Ochoa P2,000.00 as she would be the one to secure Rivera's
passport.
In March 1998, Rivera handed over his ring and necklace, worth of
P10,000.00, to Ochoa to cover his processing and medical examination fees. Rivera did
not require a receipt from Ochoa because he trusted Ochoa, who was his mother's
friend. When Rivera failed to leave in February 1998, Ochoa explained that Rivera's
departure was postponed until March 1998 due to Ramadan. After the period of
Ramadan, Rivera was still not able to leave for Saudi Arabia. Rivera then filed a
complaint against Ochoa before Brgy. San Bartolome, Novaliches, Quezon City. Ochoa
promised to return to Rivera his jewelries and P2,000.00, but Ochoa did not appear at
the barangay hearing set on April 30, 1998. Thus, Rivera and the other private
complainants proceeded to file a complaint against Ochoa before the NBI.[15]
Cory C. Aquino of the POEA authenticated the Certification dated June 3, 1998, issued
by Hermogenes C. Mateo (Mateo), Director, Licensing Branch of the POEA, that Ochoa,
in her personal capacity, is neither licensed nor authorized by the POEA to recruit
workers for overseas employment. Cory identified Director Mateo's signature on the
Certification, being familiar with the same. The Certification was issued after a check of
the POEA records pursuant to a request for certification from the NBI. Cory, however,
admitted that she did not participate in the preparation of the Certification, as the NBI's
request for certification was through a counter transaction, and another person was in
charge of verification of counter transactions.[16]
Ochoa testified on her own behalf.
Ochoa stated under oath that she was employed by AXIL International Services and
Consultant (AXIL) as recruiter on December 20, 1997. AXIL had a temporary license to
recruit Filipino workers for overseas employment. Ochoa worked at AXIL from 8:00
a.m. to 5:00 p.m. and was paid on a commission basis. She admitted recruiting private
complainants and receiving from them the following amounts as placement and medical
fees:
Private Complainant
Robert Gubat
Junior Agustin
Francisco Pascual
Amounts Collected
Rosemarie Bermejo
Cesar Aquino
Christopher Bermejo
P
P
P
P
Joebert Decolongon
Fernando Rivera
P18,000.00 for placement and medical fees[17]
P22,000.00 for placement and medical fees[18]
P 2,000.00 for medical fee[19]
2,600.00 for medical fee[20]
19,000.00 for placement and medical fees[21]
2,600.00 for medical fee[22]
6,000.00 for medical fee[23]
P 2,000.00 for medical fee[24]
Ochoa claimed though that she remitted private complainants' money to a person
named Mercy, the manager of AXIL, but AXIL failed to issue receipts because the
private complainants did not pay in full.[25]
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/26427
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