In Criminal Case No. 92-104616 "That in or about and sometime the period comprised between October 1991 and
December 1991, inclusive, in the City of Manila, Philippines, the said accused did then
and there wilfully, unlawfully and feloniously defraud Reynaldo R. Jugo in the following
manner, to wit: the said accused, by means of false manifestations and fraudulent
representations which she made to said Reynaldo R. Jugo to the effect that she had the
power and capacity to recruit and employ him as factory worker in Japan and could
facilitate the processing of the pertinent papers if given the necessary amount to meet
the requirements thereof, and by means of other similar deceits, induced and
succeeded in inducing said Reynaldo R. Jugo to give and deliver, as in fact he gave and
delivered to said accused the amount of P20,500.00 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
amount of P20,500.00 which amount once in her possession, with intent to defraud, she
wilfully, unlawfully and feloniously misappropriated, misapplied and converted to her
own personal use and benefit, to the damage and prejudice of said Reynaldo R. Jugo in
the aforesaid amount of P20,500.00."iii[3]
The court held a joint hearing of the cases following the plea by the accused of "not
guilty" to all the charges.
The Office of the Solicitor General, in its Appellee's Brief, made an extensive narration
of the evidence submitted by the prosecution. Thus "On the last week of October 1991, private complainant Reynaldo R. Jugo, a farmer,
was visited by his `kumpadre,' Alberto Maclang, a member of the Western Police District
(WPD), at his house in Sta. Rosa, Nueva Ecija. Maclang was accompanied by appellant
whom the former introduced to Reynaldo as a recruiter for jobs abroad. Appellant talked
with Reynaldo, convincing him that she could do something about Reynaldo's previous
application for a job abroad. She represented that she could work on his travel papers
within a period of two (2) months and he would be able to work in Japan as a factory
worker. Further, appellant told Reynaldo that he only had to produce the initial sum of
P5,000.00 for the immediate processing of his papers. Reynaldo thus signed the
application form appellant presented to him (TSN, September 8, 1992, pp. 2-4; TSN,
August 18, 1992, pp. 3-5; TSN, February 8, 1994, p. 12).
"A week later, appellant and Maclang again went to see Reynaldo at his house in Nueva
Ecija. They told him that they would be the ones to first advance the amount of
P5,000.00 to cover the expenses for the initial processing of his papers, to which private
complainant agreed (TSN, September 8, 1992, p. 4; TSN, August 18, 1992, p. 5).
"Two (2) weeks after, Reynaldo who was still in Nueva Ecija, learned that appellant was
trying to get in touch with him relative to his application for a job abroad. So, he left
Nueva Ecija and proceeded to the house of Maclang at Naval Street, Malabon, Metro
Manila. Maclang confirmed that appellant was indeed looking for Reynaldo. He thus