3/30/2021
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403 Phil. 31
FIRST DIVISION
[ G.R. No. 121777, January 24, 2001 ]
THE PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS.
CAROL M. DELA PIEDRA, ACCUSED-APPELLANT.
DECISION
KAPUNAN, J.:
Accused-appellant Carol M. dela Piedra questions her conviction for illegal recruitment
in large scale and assails, as well, the constitutionality of the law defining and
penalizing said crime.
The Court affirms the constitutionality of the law and the conviction of the accused, but
reduces the penalty imposed upon her.
The accused was charged before the Regional Trial Court of Zamboanga City in an
information alleging:
That on or about January 30, 1994, in the City of Zamboanga, Philippines,
and within the jurisdiction of this Honorable Court, the above-named
accused, without having previously obtained from the Philippine Overseas
Employment Administration, a license or authority to engage in recruitment
and overseas placement of workers, did then and there, wilfully, unlawfully
and feloniously, offer and promise for a fee employment abroad particularly
in Singapore thus causing Maria Lourdes Modesto [y] Gadrino, Nancy
Araneta y Aliwanag and Jennelyn Baez y Timbol, all qualified to apply, in fact
said Maria Lourdes Modesto had already advanced the amount of P2,000.00
to the accused for and in consideration of the promised employment which
did not materialized [sic] thus causing damage and prejudice to the latter in
the said sum; furthermore, the acts complained of herein tantamount [sic]
to economic sabotage in that the same were committed in large scale.[1]
Arraigned on June 20, 1994, the accused pleaded not guilty[2] to these charges.
At the trial, the prosecution presented five (5) witnesses, namely, Erlie Ramos, SPO2
Erwin Manalopilar, Eileen Fermindoza, Nancy Araneta and Lourdes Modesto. The
succeeding narration is gathered from their testimonies:
On January 30, 1994, at exactly 10:00 in the morning, Erlie Ramos, Attorney II of the
Philippine Overseas Employment Agency (POEA), received a telephone call from an
unidentified woman inquiring about the legitimacy of the recruitment conducted by a
certain Mrs. Carol Figueroa. Ramos, whose duties include the surveillance of suspected
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