two (2) copies of her whole-body picture, passport, and medical certificate.24 Marilyn also asked Rosalyn to pay: a processing fee of P7,500.00, P2,620.00 as full tax, P500.00 as terminal fee, and P3,000.00 as service charge. 25 All the documents and money given by Rosalyn to Marilyn were subsequently remitted to the accused at her office on June 28, 1994.26 The accused told Rosalyn that she would be leaving anytime, but after three months, Rosalyn's departure did not push through. 27 Despite the setback, the accused kept assuring Rosalyn that she would still be able to leave. 28 One time, the accused brought her to the airport and instructed her to hide in the airport restroom.29 After fifteen minutes, the accused told her that they had to leave the airport because "mahigpit sa immigration."30 On another occasion, the accused directed Rosalyn to hide inside the Kayumanggi Restaurant for fifteen (15) minutes.31 Nothing happened after, though, and they went home. On November 14, 1994, Rosalyn was again at the airport.32 The accused warned her, though, that if the Immigration Officer insisted on seeing her papers, it would be better for her to leave.33 As directed, she left the airport when she was asked to produce her documents. 34 Exasperated, Rosalyn went to the accused's house and demanded the return of her money and her documents. Instead of acceding to Rosalyn's demands, the accused shouted at her and warned her that she had to pay a cancellation fee of $300.00. 35 Rosalyn was not able to give the amount so she stayed with the accused, who assured her that she would still be able to leave the country and that she would receive a monthly salary of $150 to $200.36 These promises were never fulfilled. Rosalyn thus went to the POEA, where POEA Administrator Felicisimo Joson, Jr. informed her that the accused did not have a license to recruit.37 Generosa Asuncion suffered the same fate as her co-applicants. In August 1994, she applied for overseas job placement with one Linda Rabaino.38 Generosa submitted her passport, medical certificate, clearance from the National Bureau of Investigation (NBI), birth certificate, bio-data and pictures.39 She also paid P15,000.00 in two installments on September 9 and 12, 1994, 40 which payments were not receipted. Linda told Generosa she would be leaving on September 13, 1994. 41 However, she was not able to leave because, according to Linda, at 25, Generosa was under-aged.42 Linda then referred Generosa to the accused in the latter's office, where Linda turned over Generosa's documents as well as the P15,000 00 to the accused.43 The accused promised that Linda would be able to leave, but her departure never took place.44 When Generosa demanded the return of her money and her documents, the accused told her that she had to pay a cancellation fee of $600.00. 45 Stunned, Linda just opted to await the further outcome of her application.46 Her waiting was all for naught. With the promises of jobs abroad unfulfilled, complainants decided to verify if the accused was a licensed recruiter. Upon learning from the POEA that she was not so licensed,47 they proceeded to the Philippine Anti-Crime Commission (PACC) to execute their respective affidavits.48 SPO4 Johnny Marqueta investigated the women's complaint. He confirmed with the POEA that the accused was not licensed or authorized to recruit overseas contract workers.49 The four complainants also informed him that the accused wanted to meet with the group on January 26, 1995. 50 SPO4 Marqueta thus had their money, totaling P2,000.00,51 marked at the National Bureau of Investigation (NBI) Forensic Section for their entrapment operation.52 On January 26, 1995, the accused met with the four complainants at Jollibee, Commonwealth Avenue, Quezon City. As soon as she finished counting the marked money and wrapping it in Jollibee napkins, the accused was arrested. 53 In her defense, the accused claimed that as an "employee" of a duly licensed agency who was tasked to recruit and offer job placements abroad, she could not be held liable for illegal recruitment.54 She admitted that she had no authority to recruit in her personal capacity,55 but that her authority emanated from a Special Power of Attorney (SPA) and a Certification issued by a licensed agency. 56 At the time complainants applied for overseas employment, the accused was "employed" as a Marketing Directress of Sarifudin Manpower and General Services,57 a duly licensed agency with License No. OS-91-LB-61193-NL issued by the Department of Labor and Employment. 58 A Special Power of Attorney (SPA) from Sarifudin, dated May 1, 1994,59 states that she was authorized: 1. To negotiate, enter into business transactions for manpower supply particularly in the Middle East countries; 2. For and in behalf of SARIFUDIN, MANPOWER AND GENERAL SERVICES using as guidelines and terms and conditions by both parties to secure: (a) Verified Job Orders; (b) Special Power of Attorney; (c) Copy of Certified Certificate of Business Registration; (d) VISA Authorization and/or NOC VISA. ....60

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