People vs Ortiz-Miyake : 115338-39 : September 16, 1997 : J. Regalado...
http://sc.judiciary.gov.ph/jurisprudence/1997/sep1997/115338_39.htm
application for overseas employment pending in a recruitment agency. Realizing that the fee
charged by appellant was much lower than that of the agency, Marasigan withdrew her money
from the agency and gave it to appellant. [4]
Marasigan paid appellant P5,000.00, but she was later required to make additional
payments. By the middle of the year, she had paid a total of P23,000.00 on installment basis. [5]
Save for two receipts, [6] Marasigan was not issued receipts for the foregoing payments despite
her persistence in requesting for the same.
Marasigan was assured by appellant that obtaining a Taiwanese visa would not be a
problem. [7] She was also shown a plane ticket to Taiwan, allegedly issued in her name. [8]
Appellant issued Marasigan a photocopy of her plane ticket, [9] the original of which was
promised to be given to her before her departure. [10]
Marasigan was never issued a visa. [11] Neither was she given the promised plane ticket.
Unable to depart for Taiwan, she went to the travel agency which issued the ticket and was
informed that not only was she not booked by appellant for the alleged flight, but that the staff in
the agency did not even know appellant.
Later, Marasigan proceeded to the supposed residence of appellant and was informed that
appellant did not live there. [12] Upon verification with the Philippine Overseas Employment
Administration (POEA), it was revealed that appellant was not authorized to recruit workers for
overseas employment. [13] Marasigan wanted to recover her money but, by then, appellant could
no longer be located.
The prosecution sought to prove that Generillo and Del Rosario, the two other complainants
in the illegal recruitment case, were also victimized by appellant. In lieu of their testimonies, the
prosecution presented as witnesses Lilia Generillo, the mother of Imelda Generillo, and Victoria
Amin, the sister of Del Rosario.
Lilia Generillo claimed that she gave her daughter P8,000.00 to cover her application for
placement abroad which was made through appellant. [14] Twice, she accompanied her daughter
to the residence of appellant so that she could meet her; however, she was not involved in the
transactions between her daughter and appellant. [15] Neither was she around when payments
were made to appellant. Imelda Generillo was unable to leave for abroad and Lilia Generillo
concluded that she had become a victim of illegal recruitment.
The prosecution presented Victoria Amin, the sister of Rosamar Del Rosario, to show that
the latter was also a victim of illegal recruitment. Victoria Amin testified that appellant was
supposed to provide her sister a job abroad. She claimed that she gave her sister a total of
P10,000.00 which was intended to cover the latters processing fee. [16]
Victoria Amin never met appellant and was not around when her sister made payments. She
assumed that the money was paid to appellant based on receipts, allegedly issued by appellant,
which her sister showed her. [17] Del Rosario was unable to leave for abroad despite the
representations of appellant. Victoria Amin claimed that her sister, like Marasigan and Generillo,
was a victim of illegal recruitment.
The final witness for the prosecution was Riza Balberte, [18] a representative of the POEA,
who testified that appellant was neither licensed nor authorized to recruit workers for overseas
employment, POEA certificate certification. [19]
Upon the foregoing evidence, the prosecution sought to prove that although two of the three
complainants in the illegal recruitment case were unable to testify, appellant was guilty of
committing the offense against all three complainants and, therefore, should be convicted as
charged.
On the other hand, appellant, who was the sole witness for the defense, denied that she
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