7/7/2021
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Contrary to law.[4]
Appellant pleaded not guilty to the charge. Thereafter, trial on the merits ensued.[5]
The prosecution presented seven witnesses, namely: (1) Shane S. Llave (Llave), (2)
National Bureau of Investigation (NBl) Agent Yehlen Agus (Agent Agus), (2) Edralin Sta.
Maria (Sta. Maria), (4) Marcelo Maningding, (5) Juliet Mahilum, (6) Magellan Concrenio
III (Concrenio), and (7) Rodolfo Oliverio. Appellant was the sole witness in his defense.
Version of the Prosecution:
Sometime between June 2011 and July 2011, appellant informed Llave that his aunt,
who was based in California, United States of America (USA), was hiring a data encoder
with a salary of US$3,000.00. Due to appellant's representations, Llave forwarded her
resume to appellant, and paid him the amount of P7,000.00 as processing fee for her
visa application with the United States Embassy, for which no receipt was issued. Upon
appellant's request for other referrals, Llave recommended Concrenio, Cherry Beth
Barabas (Barabas), John Daryl De Leon (De Leon), Sta. Maria, and a certain Michelle[6]
(applicants).
Appellant offered Concrenio overseas employment in Canada as a utility worker.
Meanwhile, like Barabas and De Leon, appellant offered Sta. Maria overseas
employment with a salary of P90,000.00. In consideration for their employment
abroad, appellant collected from these applicants certain amounts of money.[7]
Testimonies of the prosecution witnesses revealed that appellant received P7,000.00
each from Llave, Sta. Maria, Barbara, and De Leon, and P10,000.00[8] from Concrenio.
Despite the applicants' repeated inquiries, and the lapse of a considerable length of
time, appellant failed to secure overseas employment for them as promised. The
foregoing notwithstanding, he demanded an additional amount of P1,500.00 from each
of the applicants as notarization fee for their papers submitted to the United States
Embassy.
These circumstances prompted Llave, Concrenio, Barabas, De Leon, and Sta. Maria,
together with the other private complainants, to file their respective complaints against
appellant before the NBI. Upon further investigation by NBI Agent Agus, it was revealed
that appellant has no license or authority to recruit applicants for overseas employment
as certified by the Philippine Overseas Employment Agency (POEA).[9]
On January 11, 2012, appellant was arrested via an entrapment operation conducted
by the NBI. It was during the entrapment operation that appellant received from
Barabas, De Leon, and Sta. Maria payment for their processing fees collectively
amounting to P21,000.00 as evidenced by a written receipt executed by appellant.[10]
Version of the Defense:
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66798
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