Republic of the Philippines SUPREME COURT Manila SECOND DIVISION G.R. No. 124439 February 5, 2004 PEOPLE OF THE PHILIPPINES, appellee vs. FLOR GUTIERREZ Y TIMOD, appellant. DECISION TlNGA, J.: In its decision dated 22 March 1996, the Regional Trial Court (RTC) of Pasay City, Branch 1081 found accused Flor Gutierrez y Timod guilty beyond reasonable doubt of Illegal Recruitment in Large Scale and sentenced her to suffer the penalty of life imprisonment and to pay a fine of P100,000.00. The Information in Criminal Case No. 95-6796 reads as follows: That from the months of April to August 1994 in Pasay City, Philippines, and within the jurisdiction of this Honorable Court, accused FLOR GUTIERREZ Y TIMOD conspiring and confederating with CECILIA BAUTISTA, ESTHER GAMILDE, LINDA RABAINO and MARILYN GARCIA (whose present whereabouts are unknown) and mutually helping one another, acting in common accord, did then and there, willfully, unlawfully and feloniously, engage in recruitment activities for overseas job placement and actually contract, enlist and recruit EVELYN V. RAMOS, ROSEMARIE I. TUGADE, GENEROSA G. ASUNCION and ROSALYN B. SUMAYO as domestic helpers in Dubai, United Arab Emirates, for a fee of various amounts ranging from P10,000.00 to P15,000.00 each, without first obtaining the required license and/or authority from the Philippine Overseas Employment Administration (POEA). CONTRARY TO LAW.2 Arraigned on April 24, 1995, the accused entered a plea of not guilty. The version of the prosecution is as follows: On April 18, 1994, Rosemarie Tugade went to the house of one Celia Bautista, a "recruiter-agent" of the accused, at Brgy. Bulala, Vigan, Ilocos Sur.3 Celia told Rosemarie that she had to submit the following requirements for her application to work in Dubai as a domestic helper: P4,000.00 as placement fee, P1,200.00 for passport, P850.00 for "medical," six (6) 2x2 pictures and her original birth certificate. 4 The next day, Rosemarie, together with "recruiter-agent" Celia Bautista and fellow applicant Evelyn Ramos, traveled to Manila to the house of one Esther Gamilde, another of the accused's "recruiter-agents."5 There, Rosemarie and Evelyn filled out their bio-data forms. The two then underwent a medical examination before having their whole-body picture taken. Esther told them that they would know the results of their application from Celia. 6 Two weeks later, Celia told Rosemarie that her application for Dubai was already approved and that she will be receiving $150.00-dollars per month. For the first three (3) months, however, there will be salary deductions.7 On August 27, 1994, Rosemarie and Evelyn, along with Celia and Esther, went to the accused's office at Sarifudin Manpower and General Services at EDSA Extension, Pasay City.8 The accused told Rosemarie that she needed to pay P2,000.00 more. 9 The accused said she had received all of Rosemarie's documents and the money paid to Celia.10 Trusting in Celia, Rosemarie did not demand a receipt from the accused. On August 31, 1994, the accused asked Rosemarie to give P500.00 as terminal fee for her departure in a week's time.11 Rosemarie paid the amount, as evidenced by a receipt.12 The scheduled departure did not push through, however. Instead, Rosemarie was told that she was to leave on September 15, 1994, but, again, this did not materialize.13 A series of postponements followed until finally she was told that she would be leaving before Christmas 1994. Almost predictably, her trip never came to pass.14 Private complainant Evelyn Ramos was with Rosemarie when she went to Celia Bautista's house on April 19, 1994. 15 Celia told Evelyn that for P4,000.00 she could leave for Dubai to work as a domestic helper.16 Like Rosemarie, Evelyn gave all her documents and paid the fees to Celia, who in turn handed them to Esther Gamilde in Tondo.17 On June 10, 1994, Ramos gave Bautista P8,000.00, which was also turned over to Gamilde.18 On August 22, 1994, Celia told Evelyn that she only had to wait one more week before she left for Dubai. 19 On August 27, 1994, Esther brought Evelyn to the accused's office,20 where the accused asked for an additional P2,000.00 as processing fee for the Philippine Overseas Employment Agency (POEA).21 Evelyn paid the amount on August 31, 1994,22 including a terminal fee of P500.00. Like Rosemarie, Evelyn was not able to leave the country despite the accused's promises. Another complainant, Rosalyn D. Sumayo, also applied for overseas job placement as a domestic helper in Dubai. Her experience was more agonizing. In her case, it was one Marilyn Garcia who assisted Rosalyn. 23 She submitted a copy of her birth certificate, six (6) copies of 2 x 2 pictures,