The prosecution presented Danilo Rivera as its first witness. Rivera testified that Ricky de los
Santos introduced him to accused-appellant Vicente Mercado, an overseas worker recruiter.
Ricky gave him an application form which he filled out and signed in accused-appellants house
in Singalong, Manila. (Ricky de los Santos is accused-appellants cousin.) Rivera wanted to work
as a factory worker in Hong Kong. Ricky gave the application to accused-appellants wife Baby
Tan, who told Rivera to be ready with his money and the necessary papers. In February 1992,
Rivera paid P20,000.00 to Baby Tan, for which he was given a receipt by Baby Tan. The
payment was made in accused-appellants house. Present were accused-appellant and Toto
Bellosillo, who is accused-appellants sister-in-law. Accused-appellant assured Rivera that the
latter would get a job which would give him $500.00 a month. On the day of his departure for
Hong Kong (March 4, 1992), Rivera gave to Baby Tan at the airport P30,000.00 more. Rivera
testified that before leaving for Hong Kong, accused-appellant and his wife made him sign a
waiver, which he was not able to read as he was asked to sign in a hurry otherwise he could not
get his passport.v[5] Since he was given his passport, he did not bother to ask for a receipt. After
one day in Hong Kong, Rivera and his companions were accompanied to Macao by a certain
Sally. Two days later, accused-appellant and his wife Baby Tan arrived. Rivera and his
companions were asked to wait, but after fifteen days of waiting, they were told by Sally that
accused-appellant and his wife did not really know anybody in Macao. On March 27, 1992,
Rivera returned to the Philippines.
Antonio Peralta likewise testified for the prosecution. Peralta said that he and accused-appellants
cousin, Ricky de los Santos, were frequent visitors in accused-appellants house, which also
served as a recruitment office. Accused-appellant Vicente Mercado was the manager of the
business, while his wife was the treasurer. During one of Antonios visits to accused-appellants
house in January 1992, accused-appellant Vicente Mercado told him that if he wished to apply
for placement abroad, he could fill out a bio-data form and return it to him together with the sum
of P40,000.00 for plane ticket and placement fee. If he was not around, Peralta could pay the
amount to Quinses Toto Bellosillo, accused-appellants sister-in-law. Peralta said that in March
1992 he accomplished the form, stating therein that he was applying for a job in Macao, and paid
P40,000.00 to Toto Bellosillo. No receipt was issued to him. Instead, he was told that there was
no need for a receipt as Peralta could see his companions had already been sent overseas. He was
assured that he would be called as soon as the trip was ready. But before he could be called,
Peralta received a call from Danilo Rivera and Domingo Baetiong from Macao and was told that
there was no job available for any of them in that place. Peralta, therefore, lost no time in going
to accused-appellants agency and asking for the return of his money. But accused-appellant was
not around. Toto Bellosillo told him that she had no money and that her sister, Baby Tan, was
still abroad. In April 1992, following the return of accused-appellant, Peralta filed a complaint
with the police. Accused-appellant was asked to come to the police headquarters for questioning.
Peralta, together with Danilo Rivera and Ignacio Rivera, signed affidavits in which they allege
that they were victims of illegal recruitment. Peralta claimed that at the police station, accusedappellant Vicente Mercado told them that he was willing to refund their money.vi[6]
Nelson Tamares also testified. Nelson said that in January 1992, he was accompanied by his
wifes classmate to accused-appellant Vicente Mercado to apply for a job as factory worker in
Korea. Like the other prosecution witnesses, Tamares was made to fill out an application form
and assured of earning around $500.00 a month in Korea. He said that he paid P45,000.00 to