SYLLABI/SYNOPSIS THIRD DIVISION [G.R. No. 133563. March 4, 1999] BRIDGET BONENG Y BAGAWILI, petitioner, vs. PEOPLE OF THE PHILIPPINES, respondent. DECISION PURISIMA, J.: Before the Court is a Petition for Review on Certiorari under Rule 45 of the Revised Rules of Court, seeking to set aside the Decisioni[1] of the Court of Appealsii[2] dated March 31, 1998 in CA G.R. CR No. 17133, affirming in its entirety the judgment of conviction handed down by the Regional Trial Court, Branch 6, Baguio City, finding the petitioner herein guilty beyond reasonable of Illegal Recruitment and sentencing her to a prison term of four (4) years, as minimum, to eight (8) years, as maximum, and to pay the costs. Petitioner Bridget Boneng y Bagawili was indicated for a violation of Article 38 (a), in relation to Articles 13 (b), 16, 34 and 39 (b) of Presidential Decree No. 442, as amended by Presidential Decree No. 1920, in Criminal Case No. 12104 before the Regional Trial Court, Branch 6, Baguio City, under an Information, alleging: That on or about the 24th day of September 1993, in the City of Baguio, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, being then private person, did then and there willfully, unlawfully and feloniously engage in the following illegal recruitment activities to wit: by promising, for profit to complainant MA. TERESA GARCIA employment abroad under false pretenses and fraudulent acts, without any license or authority from the Philippine Overseas Employment Administration, Department of Labor and Employment, Manila, in violation of the aforecited provision of law. On December 9, 1993, with the assistance of counsel, she was arraigned thereunder and pleaded NOT GUILTY to the crime charged. Trial ensued, and after presenting the witnesses, SPO3 Jesus Nevado, SPO3 Romeo Dulay and Maria Teresa Garcia, and documentary evidence consisting of Exhibits A to G, the prosecution made a formal offer of evidence and rested its case. On April 7, 1994, after the prosecution had rested, the accused (now petitioner) presented a demurrer to evidence and manifested that she was waiving the right to adduce evidence for the defense, and was submitting the case for decision on the basis of the evidence on record. On May 5, 1994, the trial court came out with its Decision, finding petitioner guilty of the offense charged and sentencing her thus:

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