3/30/2021
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FISCAL BELDUA:
Your Honor please, we are offering the oral testimony of the witness, as one
of those recruited by the accused, and also to identify some exhibits for the
prosecution and as well as to identify the accused.[51]
xxx
FISCAL BELDUA:
We are offering the oral testimony of the witness, Your Honor, to testify on
the fact about her recruitment by the accused and immediately before the
recruitment, as well as to identify some exhibits for the prosecution, and
also the accused in this case, Your Honor.[52]
xxx
FISCAL BELDUA:
This witness is going to testify that at around that date Your Honor, she was
connected with the CIS, that she was instructed together with a companion
to conduct a surveillance on the place where the illegal recruitment was
supposed to be going on, that she acted as an applicant, Your Honor, to
ascertain the truthfulness of the illegal recruitment going on, to identify the
accused, as well as to identify some exhibits for the prosecution.[53]
xxx
Courts may consider a piece of evidence only for the purpose for which it was offered,
[54] and the purpose of the offer of their testimonies did not include the proving of the
purported recruitment of other supposed applicants by appellant.
Appellant claims in her seventh assigned error that the information is fatally defective
since it charges her with committing illegal recruitment in large scale on January 30,
1994 while the prosecution evidence supposedly indicates that she committed the
crime on February 2, 1994.
We find that the evidence for the prosecution regarding the date of the commission of
the crime does not vary from that charged in the information. Both Nancy Araneta and
Lourdes Modesto testified that on January 30, 1994, while in the Alejandro residence,
appellant offered them employment for a fee. Thus, while the arrest was effected only
on February 2, 1994, the crime had already been committed three (3) days earlier on
January 30, 1994.
The eighth and tenth assigned errors, respectively, pertain to the penalty of life
imprisonment imposed by the trial court as well as the constitutionality of the law
prescribing the same, appellant arguing that it is unconstitutional for being unduly
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/49893
16/20
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