People vs Reyes : 104739-44 : November 18, 1997 : J. Panganiban : Th...
http://sc.judiciary.gov.ph/jurisprudence/1997/nov1997/104739_44.htm
Complainants had dollar currency with them in going to Taipei as tourists. The Accused Rodolfo Caures
and Zenaida Caures were present. The Accused Rose Reyes told the Private Complainants that she was
going to Taipei to work for the issuance of the visas but that the Accused Rodolfo Caures and Zenaida
Caures were going to take care of the processing of their papers in her absence. Despite the assurances of
the Accused, the Private Complainants failed to leave for Taipei during the first week of September, 1989.
When the Private Complainants inquired from the Accused Rodolfo Caures why they failed to leave for
Taipei on schedule, the Accused Rodolfo Caures told the Private Complainants that their visas had not yet
arrived from Taipei. The Private Complainants had been going to the house of the Accused, Rodolfo
Caures and Zenaida Caures demanding to [sic] them when they were going to leave for Taipei but, despite
the promises of the Accused, the Private Complainants failed to leave for Taipei. The Private
Complainants were alarmed when they returned to the residence of the Accused but that the Accused had
flown the coop. The Private Complainants later learned that the Accused had abandoned their residence at
No. 2557 Callejon 9, Del Pan Street, Sta. Ana, Manila and had transferred their residence to somewhere in
Sampaguita Street, Pasay City. The Private Complainants inquired from [sic] the Philippine Overseas
Employment Administration if the Accused were licensed recruiters and they were informed that the
names of the Accused were not listed as licensed recruiters. The Philippine Overseas Employment
Administration issued Certifications to the effect that the Accused were not licensed or authorized to
recruit workers for employment abroad (Exhibits D and E). The Private Complainants thereafter
proceeded to the Western Police District where they lodged their complaints against the Accused. Lily
Monzon and the Private Complainants executed their respective affidavits (Exhibits B and B-1 and C and
C-1). Up to the present, the Private Complainants were not able to leave for Taipei for their employment in
that country or refunded their placement fees of P64,000.00.
When he testified before the Court, the Accused Rodolfo Caures denied the charges against him. The
Accused further alleged that he never recruited any of the Private Complainants and that the first time that
he saw the Private Complainants, except the Private Complainant Teresita Carillo and Lily Monzon, was
when they testified before this Court. The Accused first saw Lily Monzon at the police headquarters after
his arrest on August 19, 1990. The Accused further averred that he is the older brother of the Accused
Rose Reyes. The Accused did not know why the Accused Rose Reyes whose real name is Rosalinda
Caures was using the surname Reyes. The Accused Rodolfo Caures did not know where his sister was
residing before May 16, 1989. On the other hand, as of said date, the Accused Rodolfo Caures and his
wife, the Accused Zenaida Caures, were residing at No. 1114 Sampaguita Street, Pasay City. The Accused
Zenaida Caures worked as a laundrywoman while the Accused Rodolfo Caures worked as a sidecar driver
and finished only up to Grade VI in the elementary grades.
On May 16, 1989, the Accused Rodolfo Caures was fetched by Teresita Carillo and Ana Apilado from his
house and was brought to No. 2257 Callejon 9, Del Pan Street, Sta. Ana, Manila. The Accused learned
that the place was the office of his sister, the Accused Rose Reyes, and that Teresita Carillo, Ana Apilado
and the Accused Rose Reyes were business partners engaged in recruitment of workers for employment in
Taiwan. The Accused Rose Reyes, Ana Apilado and Teresita Carillo told the Accused Rodolfo Caures that
they will help him secure employment abroad as a factory worker in Taiwan. The Accused was told by the
three (3) women to come back the next day. The Accused did. The Accused filled up three (3) copies of
application form for his employment abroad. The next day, May 17, 1989, the Accused was ordered to
construct a bench. His wage for the construction of the bench was applied for the expenses for the issuance
of his passport. On May 18, 1989, his brother, Rolando Caures, was able to leave for Taiwan, through the
efforts of the Accused Rose Reyes, Teresita Carillo and Ana Apilado. Teresita Carillo later gave to the
Accused his passport issued on June 8, 1989 (Exhibits 1 and 1-A).
The Accused never received any money from the Private Complainants on July 27 and 31, 1989. On July
27, 1989, the Accused was at the Iglesia ni Cristo palace in Diliman, Quezon City during the 75th
anniversary of the Iglesia ni Cristo and the Accused managed to arrive home only at 9:00 o clock in the
evening because of the congested traffic. On July 28, 1989, the Accused was at the place of the Iglesia ni
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