6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly Criminal Case No. 08-265539 The undersigned accuses EILEEN DAVID of a violation of Article 38 (a), P.D. No. 1412, amending certain provision of Book I, P.D. No. 442, otherwise known as the New Labor Code of the Philippines, in relation to Article 13 (b) and (c) of said code, as further amended by P.D. Nos. 1693, 1920, and 2018 and as further amended by Sec. 6 (a), (1) and (m) of Republic Act 8042, committed as follows: That sometime in the month of March, 2005, in the City of Manila, Philippines, the said accused representing herself to have the capacity to contract, enlist and transport Filipino workers overseas, particularly in Canada, did then and there willfully, unlawfully, for a fee, recruit and promise employment/job placement to GLENDA S. MARQUEZ without first having secured the required license from the Department of Labor and Employment as required by law, and charged or accepted directly or indirectly from said complainant the amount of Php152,670.00 as placement/processing fee in consideration for her overseas employment, which amount is in excess of or greater than that specified in the schedule of allowable fees prescribed by the POEA, and without valid reasons failed to actually deploy her and continuously fail to reimburse expenses incurred by her in connection with her documentation and processing for purposes of her deployment. Contrary to law.[11] Criminal Case No. 08-265540 The undersigned accuses EILEEN P. DAVID of the crime of Estafa, Art. 315 par. 2 (a) of the Revised Penal Code, committed as follows: That on or about and during the period comprised between March 8, 2005 and April 20, 2007, inclusive, in the City of Manila, Philippines, the said accused, did then and there willfully, unlawfully, and feloniously defraud GLENDA S. MARQUEZ in the following manner, to wit: the said accused, by means of false manifestations and fraudulent representations which she made to said GLENDA S. MARQUEZ prior to and even simultaneous with the commission of the fraud, to the effect that she had the power and capacity to recruit and employ said GLENDA S. MARQUEZ for overseas employment in Canada as Live-in Caregiver, and could facilitate the processing of the pertinent papers if given the necessary amount to meet the requirements thereof, induced and succeeded in inducing the said GLENDA S. MARQUEZ to give and deliver, as in fact she gave and delivered to said accused the total amount of Php152,670.00, on the strength of said manifestations and representations, said accused well knowing that the same were false and fraudulent and were made solely to obtain, as in fact, she did obtain the said elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63079 2/16

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