6/7/2020
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For her part, DELIA, a sales supervisor of Rhine Marketing Corporation,
denied knowing private complainants prior to her apprehension or that she
recruited them for overseas employment. She insisted that it was SONNY,
cousin of her friend Celedonia Cabael, who sends workers to Israel and that
he approached her to inquire whether she knew some persons who were
seeking employment abroad. According to her, NBI agent Rolly Lomboy
[LOMBOY] went to her house and demanded P5,000.00 from her. When she
did not accede, LOMBOY left and called her to go to the van parked along
the road. When she got there, she saw five (5) unknown men seated inside
the van and that she later learned that they were the applicants of SONNY.
LOMBOY then took her mobile number and soon called her to meet him at
Bayambang market. She sought the assistance of NBI agents who
eventually apprehended LOMBOY in an entrapment operation at Cindy's
Camiling. On cross examination, she asserted that while detained at the
Urdaneta District Jail, two persons, whom she later learned to be some of
the private complainants, approached her to sign an affidavit to withdraw
her complaint against LOMBOY.[6]
After trial, the RTC rendered its decision on August 19, 2008 pronouncing the accusedappellant guilty as charged, and disposed:
WHEREFORE, judgment is hereby rendered finding accused Delia
Camannong GUILTY beyond reasonable doubt of the crime of Illegal
Recruitment in Large Scale, penalized under Art. 38 par. (b), in relation to
Art. 39 par. (a), of the Labor Code, and is hereby sentenced to suffer the
penalty of life imprisonment and to pay a fine of P100,000.00.
The accused is likewise ordered to pay the private complainants actual
damages of P6,500.00 each with legal interest from the time of the filing of
the Information until fully paid.
SO ORDERED.[7]
The accused-appellant appealed to the CA, which promulgated the assailed judgment
on April 14, 2011 affirming the conviction with modification of the fine, to wit:
WHEREFORE, the foregoing considered, the appeal is hereby DENIED and
the assailed judgment of conviction is hereby AFFIRMED with the
MODIFICATION that the amount of the fine imposed is INCREASED to
Five Hundred Thousand Pesos (P500,000.00).
SO ORDERED.[8]
Hence, this appeal.
Issue
The issue is whether or not the CA correctly affirmed the conviction of the accusedelibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63739
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