People vs Buemio : 114011 : December 16, 1996 : J. Kapunan : First D...
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http://sc.judiciary.gov.ph/jurisprudence/1996/dec1996/114011.htm
whether Vevina was authorized to recruit job applicants for abroad. The POEA accordingly
issued a certification dated June 11, 1992 stating that VEVINA BUEMIO, in her personal
capacity was neither licensed nor authorized x x x to recruit workers for overseas employment
[6]
from Jan., 1991 to the present.
Vevina was apprehended by NBI agents on January 27, 1992. Two days later, an
information for illegal recruitment, docketed as Crim. Case No. 92-0129, was filed against her in
the Regional Trial court in Pasay City for falsely representing and alleging that she could secure
employments as factory workers abroad for Cecilia Baas, Rose Flores, Marilou Gonzales,
Eduardo Prudenciado, Ramon Villanueva, Leonilo Arganda, Eliseo Principe, Eduardo Gutierrez,
Sergio Andres, Magdalena Arizala and Lito Camora and for having wilfully, unlawfully and
feloniously recruited them and collected from them the amounts ranging from P20,700.00 to
P82,000.00 each, but which amount she appropriated to herself after failing to deploy the
[7]
complainants abroad.
On the same day, eleven (11) informations for estafa, docketed as Criminal Cases Nos.
92-0130 to 92-0140 were likewise filed in the same court against Vevina for having allegedly
defrauded the following of the corresponding amounts: Cecilia Baas, P60,000.00; Rose Flores,
P20,700.00; Marilou Gonzales, P60,000.00; Eduardo Prudenciado, P55,000.00; Ramon
Villanueva, P50,000.00; Leonilo Arganda, P30,000.00; Eliseo Principe, P50,000.00; Eduardo
Gutierrez, P50,000.00; Sergio Andres, P60,000.00; Magdalena Arizala, P82,000.00, and Lito
Camora, P28,600.00 or $1,100.00. A typical information for estafa filed against Vevina reads as
follows:
That on or about the 11th and 28th of September 1991, in Pasay, Metro Manila, Philippines and
within the jurisdiction of this Honorable Court, the above named accused Vevina Buemio,
defrauded Cecilia Baas, in the following manner, to wit: that said accused, by means of false
representations and fraudulent allegations to the effect that she could secure employment as
factory workers abroad for said complainant, and that she could facilitate her working and travel
papers, did then and there wilfully, unlawfully and feloniously ask and demand the amount of
P60,000.00 from the complainant allegedly to be used for the facilitation of the latters working
and travel papers; that complainant carried away by said misrepresentations, in fact, she gave and
delivered to said accused, the amount of P60,000.00 which amount, accused misapplied,
misappropriated and converted to her own personal use and benefit, and failed to deploy
complainant for employment abroad, and despite repeated demands, accused failed and refused
to do so, or account for the said amount, to the damage and prejudice of said complainant, in the
said amount of P60,000.00.
Contrary to law.
[8]
On February 11, 1992, the following amended information for illegal recruitment was filed in
Crim. Case. No. 92-0129:
That on or about and during the period comprising from April 1991 to October 1991, in Pasay
City, Metro Manila, Philippines, the above-named accused, by means of false representations and
fraudulent allegations to the effect that she could secure employments as Factory Workers abroad
for Cecilia Baas, Rose Flores, Marilou Gonzales, Eduardo Prudenicado, Ramon Villanueva,
Leonila Arganda, Elicio Principe, Eduardo Gutierrez, Sergio Andres, Magdalena Arizala and
Lito Camora, did then and there wilfully, unlawfully and feloniously recruit for a fee aforesaid
persons without corresponding license from the Department of Labor and Employment.
Contrary to law.
[9]
The defense forthwith filed a motion for reinvestigation in view of the amendment of the
information and, allegedly, the denial of her right to a preliminary investigation. It prayed further
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