People vs Ortiz-Miyake : 115338-39 : September 16, 1997 : J. Regalado...
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http://sc.judiciary.gov.ph/jurisprudence/1997/sep1997/115338_39.htm
SECOND DIVISION
[G.R. Nos. 115338-39. September 16, 1997]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. LANIE ORTIZ-MIYAKE
accused-appellant.
DECISION
REGALADO, J.:
Accused-appellant Lanie Ortiz-Miyake was charged with illegal recruitment in large scale in
the Regional Trial Court of Makati on a complaint initiated by Elenita Marasigan, Imelda
Generillo and Rosamar del Rosario. In addition, she was indicted for estafa by means of false
pretenses in the same court, the offended party being Elenita Marasigan alone.
The information in the charge of illegal recruitment in large scale in Criminal Case No.
92-6153 reads as follows:
That in or about the period comprised from June 1992 to August 1992, in the Municipality of Paraaque,
Metro Manila, Philippines and within the jurisdiction of this Honorable Court, the above-named accused,
falsely representing herself to have the capacity and power to contract, enlist and recruit workers for
employment abroad did then and there willfully, unlawfully, and feloniously collect for a fee, recruit and
promise employment/job placement abroad to the following persons, to wit: 1) Rosamar del Rosario; 2)
Elenita Marasigan; 3) Imelda Generillo, without first securing the required license or authority from the
Department of Labor and Employment, thus amounting to illegal recruitment in large scale, in violation of
the aforecited law. [1]
The information in the charge for estafa in Criminal Case No. 92-6154 alleges:
That in or about or sometime in the month of August, 1992, in the Municipality of Paraaque, Metro
Manila, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, by
means of false pretenses executed prior to or simultaneously with the commission of the fraud, falsely
pretending to have the capacity and power to send complainant Elenita Marasigan to work abroad,
succeeded in inducing the latter to give and deliver to her the total sum of P23,000.00, the accused
knowing fully well that the said manifestations and representation are false and fraudulent and calculated
only to deceive the said complainant to part with her money, and, once in possession thereof, the said
accused did then and there willfully, unlawfully and feloniously appropriate, apply and convert the same to
her own personal use and benefit, to the damage and prejudice of the said Elenita Marasigan, in the
aforementioned amount of P23,000.00. [2]
Upon arraignment, appellant pleaded not guilty to the charges and the cases were tried
jointly in Branch 145 of the Regional Trial Court of Makati.
Of the three complainants in the case for illegal recruitment in large scale, Marasigan was
the only one who testified at the trial. The two other complainants, Generillo and Del Rosario,
were unable to testify as they were then abroad.
Marasigan testified that she was a 32 year-old unmarried sales representative in 1992 when
she was introduced to appellant by her co-complainants. [3] Appellant promised Marasigan a job
as a factory worker in Taiwan for a P5,000.00 fee. At that time, Marasigan had a pending
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