6/5/2020
E-Library - Information At Your Fingertips: Printer Friendly
sometime in May 2000 to apply as a factory worker in Korea. He gave appellant the
total amount of P110,000 evidenced by cash vouchers. When he arrived in Korea, he
was sent back by the Immigration Officer after confirming that his visa and passport
were fake. Cantor, Jr. reported back to appellant, who promised that she will change
Cantor, Jr.'s name in the passport. He later found out that appellant was arrested by
the National Bureau of Investigation.[4]
During trial, all the complainants identified appellant in open court as Suzette Arnaiz
also known as Baby/Rosita Rosal to whom they gave their money.[5]
The Labor and Employment Officer of the Philippine Overseas Employment
Administration (POEA), Mildred N. Versoza, confirmed that based on the records of their
office, appellant and Florida Travel and Tours were not licensed to recruit workers for
deployment abroad.[6]
On the other hand, appellant testified that her office was only a travel agency and they
only processed the issuance of visas in the different embassies in the Philippines. She
claimed that Bunuan went to her office in June 2000 with Julie Landicho, and it was
Landicho who recruited Bunuan and assisted him in getting a visa from their office.
Appellant averred that Bunuan went to their office with Cantor, Jr. who said that his
brother in Korea instructed him to get a Korean visa. Two weeks later, Bunuan and
Cantor, Jr. were able to get their visas after paying P65,000, covering the airfare,
consultancy and visa assistance fees. The two were able to leave for Korea but were
held at the airport. Appellant claimed that she was able to refund Bunuan and Cantor,
Jr. the amount of P135,000 each.[7] She asserted that the signature appearing on the
voucher was that of her secretary Suzette Arnaiz who is now residing abroad, and
insisted that her name is Rosita Rosal.[8]
In its Decision,[9] the Regional Trial Court (RTC) found appellant guilty of illegal
recruitment in large scale in Criminal Case No. 02-199399. Appellant was sentenced to
life imprisonment and ordered to pay a fine of P500,000. The RTC also found appellant
guilty of estafa in Criminal Case No. 02-199404 and sentenced her to an indeterminate
penalty of 4 years and 2 months of prision correccional as minimum, to 14 years of
reclusion temporal as maximum. She was ordered to pay the amount of P70,000 as
payment for the sums paid by Bunuan. The RTC likewise found appellant guilty of
estafa in Criminal Case No. 02-199406 and sentenced her to an indeterminate penalty
of 4 years and 2 months of prision correccional as minimum, to 15 years of reclusion
temporal as maximum. She was ordered to pay Cantor, Jr. the amount of P100,000.
The RTC held that the prosecution was able to establish that appellant undertook
recruitment activities and promised employment abroad to the complainants without a
valid license or authority to engage in recruitment and placement of workers.
On the estafa charges, the RTC noted the elements of the crime of estafa under Article
315(2)(a) of the Revised Penal Code, as amended, and held that appellant, by her false
pretenses that she can deploy the complainants for work abroad, was able to induce
them to part with their money which caused them damage. We note, however, that the
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61268
2/9