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Appellant on the other hand denied the charges against her. She admitted that she was
the owner and general manager of Naples which was a travel agency that offered visa
assistance, ticketing, documentation, airport transfer and courier services, but denied
having engaged in recruitment. She claimed that she cannot remember meeting Palo in
her office and asserted that she met her for the first time only at the fiscal's office
when Palo was already claiming for a refund. She testified that Roberto, to whom Palo
claims to have given her payment, was neither her employee nor her agent but was
only her driver's brother. Based on her records, Roberto endorsed to her office P30,000
from Palo for tourist visa assistance. Appellant also admitted that she and Roberto
offered to settle the P30,000 but not the amount claimed by Palo per vouchers issued
to her.
On May 2, 2005, the trial court rendered a Decision finding appellant guilty of both
charges. The dispositive portion reads:
WHEREFORE, all the foregoing considered NIDA ADESER is hereby found
GUILTY beyond reasonable doubt of the crime of Syndicated Illegal
Recruitment constituting Economic Sabotage in Criminal Case No. 03-2700
and Estafa in Criminal Case No. 03-2701. Accordingly, she is hereby
sentenced to suffer the following penalties:
1. In Criminal Case No. 3-2700 - LIFE IMPRISONMENT and a FINE of Five
Hundred Thousand Pesos (P500,000.00), and
2. In Criminal Case No. 03-2701 - Indeterminate imprisonment of six (6)
years of prision correccional, as minimum, to 13 years of reclusion temporal,
as maximum, and to indemnify Josephine R. Palo the sum of Eighty
Thousand Pesos (P80,000.00) with legal interest from the time of the filing
of the information.
Cost against the accused.
SO ORDERED.[10]
Appellant appealed her conviction but the same was affirmed by the Court of Appeals in
its Decision dated June 28, 2007. The appellate court did not give credence to
appellant's denials and found that the prosecution evidence fully supports the finding
that appellant and her co-accused engaged in recruitment and placement as defined
under the Labor Code despite having no authority to do so. It likewise held that the
same evidence proving the commission of the crime of illegal recruitment also
established that appellant and her co-accused acted in unity in defrauding Palo and in
misrepresenting to her that upon payment of the placement fee, they could obtain
employment abroad for her. The appellant's act of deception and the resultant damage
suffered by Palo render appellant guilty of estafa.
In this appeal, appellant raises the following lone assignment of error:
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