6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly 810 Phil. 187 THIRD DIVISION [ G.R. No. 209859, June 05, 2017 ] EILEEN P. DAVID, PETITIONER, VS. GLENDA S. MARQUEZ, RESPONDENT. DECISION TIJAM, J.: This is a Petition for Review on Certiorari[1] under Rule 45, assailing the Decision[2] dated May 29, 2013 and Resolution[3] dated November 6, 2013 of the Court of Appears (CA) in CA-G.R. SP No. 124839, reinstating the criminal cases of Illegal Recruitment and Estafa ag inst Petitioner Eileen David. The Procedural and Factual Antecedents In a Sinumpaang Salaysay filed before the Office of the City Prosecutor of Manila, Respondent Glenda Marquez alleged, among others, that she is a resident of Sampaloc, Manila and that sometime in March 2005, petitioner approached her in Kidapawan City and represented that she could recruit her to work abroad.[4] It was further alleged that petitioner demanded payment of placement fees and other expenses from the respondent for the processing of the latter's application, to which the respondent heeded.[5] Respondent's application was, however, denied and worse, the money that she put out therefor was never returned.[6] In her Counter-Affidavit and Counter Charge, petitioner averred that it was physically impossible for her to have committed the said acts as she was in Canada at the alleged time of recruitment as evidenced by the entries in her passport.[7] Petitioner further averred that she was never engaged in the recruitment business.[8] The petitioner alleged that the amount deposited in her account was not for her but was just coursed through her to be given to her friend in Canada who was the one processing respondent's application, as evidenced by a certification to that effect issued by the said friend.[9] Further, petitioner argued before the Prosecutor that assuming arguendo that the allegations of recruitment were true, the case should be filed in Kidapawan City and not in Manila.[10] On December 9, 2008, two separate Informations were filed against petitioner for Illegal Recruitment and Estafa, respectively. The accusatory portions thereof read as follows: elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63079 1/16

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