On January 7, 1995, the recruits reported Castillons illegal activities to the police
authorities (TSN, April 17, 1995, pp. 4-6).
Version of the Defense
In her Brief,v[5] appellant presents the following version of the facts:
[The a]ccused vehemently denied the accusation imputed [to] her. [She] testified that
sometime in 1993 she left the Philippines for Singapore and was able to work there as a
bookkeeper. After working in Singapore for a year, she went back to her former job as a
bookkeeper in Tacurong. Sometime in November 1994, while [she] was awaiting for her
departure [for] Singapore, [she] met private complainant, Emily Perturbos, whom she
first met in Suralla, Cotabato in 1993. Emily Perturbos requested the accused-appellant
for assistance because the former likewise want[ed] to go to Singapore with her. Private
complainant even invited the accused-appellant to her house on November 12, 1994,
and there and then, Emily Perturbos informed her mother that whether the latter like[d] it
or not, she [would] find ways in order to go to Singapore. Although at first hesitant, [the]
accused-appellant expressed her intention to assist Emily Perturbos in going to
Singapore but she reminded the private complainant that they [would] be entering
Singapore as tourists. (TSN, July 21, 1995, pp. 4-16).
Elated with the prospect of going abroad, Emily Perturbos called by long distance her
sister, Nelia Perturbos and informed [her] that she ha[d] a friend in the person of herein
accused-appellant who could assist them in finding work abroad. Emily Perturbos then
introduced three (3) other persons to herein accused-appellant, including her sister,
Nelia Perturbos, and requested the accused to likewise extend assistance to these
three (3) persons. (Ibid, p.15)
Ruling of the Trial Court
In convicting appellant, the trial court found that the victims paid the appellant P4,000
each, because of her fraudulent representation that she could provide them
employment abroad. It ruled:
There is no doubt in the records from the evidence of the prosecution [that the] accused
solicited, canvassed and demanded payment from all complainants, the partial amount
of P4,000.00, in consideration of a promised employment abroad, through the efforts
and influence of [the] accused herself. The denial of [the] accused, explaining she did
not recruit complainants but she merely help[ed] them for humanitarian reason, cannot
be accepted. The records will show, she herself took the initiative of going with
complainant [to] Mangagoy, Surigao del Sur, in order to receive from Emily and Nelia
Perturbos the above-advance payments[;] while in the case of Acol and Bula-ag, she
personally went to the[ir] parents x x x to make representations and assurances [that]
she [would] be responsible [for] providing employment [for] them abroad.vi[6]
The Issue