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G.R. No. 108107
SECOND DIVISION
[ G.R. No. 108107, June 19, 1997 ]
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. SUSAN
PANTALEON, A.K.A. SUSAN FLORES, ACCUSED-APPELLANT.
DECISION
ROMERO, J.:
Appellant Susan Pantaleon challenges the decision of the Regional Trial Court of Manila,
Branch 16, convicting her of the crime of illegal recruitment, the dispositive portion of
which states:
"WHEREFORE, PREMISES CONSIDERED, judgments are hereby rendered:
I. The guilt of the accused for estafa in Criminal Cases No. 91-101478-80 not having
been established beyond reasonable doubt, she is hereby ACQUITTED of said offenses,
but is ordered to indemnify complainants
LEANDRO ROSITA
=
P29,000
RICARDO ROSITA
=
P60,000
NONITO ABADILLOS
=
P75,000
the face values of the plane tickets to Saipan/Korea to be deducted therefrom.
II. The guilt of the accused for illegal recruitment having been established beyond
reasonable doubt in Criminal Case No. 91-101477, she is hereby CONVICTED of the
offense of illegal recruitment committed in a large scale, sentencing her to life
imprisonment, to pay a fine of P100,000, and to pay costs."
The prosecution's version of the evidence is as follows:
Ricardo Rosita, with his wife met appellant at the Jollibee branch in Paco, Manila
because he wanted to get a job in Japan. Ricardo came to know of appellant through
the latter's sister-in-law, whom appellant was able to send to Japan. Appellant asked
Ricardo for P75,000.00 for the plane ticket to Japan via Korea, and for the facilitation of
other papers and documents.[1] On March 13, 1991, Ricardo paid appellant P60,000.00
at his house in Paco. It was their understanding that the balance of US$500 would be
given by Ricardo to the person who would accompany him to Japan.[2]
On April 4, 1991, using the name of Pedro Lorzano in his passport, Ricardo left for
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