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: