6/9/2020
E-Library - Information At Your Fingertips: Printer Friendly
336 Phil. 493
SECOND DIVISION
[ G.R. No. 109779, March 13, 1997 ]
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS.NESTOR
MANOZCA Y ALMARIO, ACCUSED-APPELLANT.
DECISION
REGALADO, J.:
The cynical note that a sucker is born every minute may well be the working code of
illegal recruiters. For, despite official efforts and extensive media coverage, many
gullible souls still fall prey to these human vultures and their obsession for material
gain. With the second highest penalty in criminal justice as the punitive deterrent, a
vigilant citizenry may hopefully be spared from what happened in the case at bar.
Accused-appellant Nestor Mañozca y Almario was charged in the Regional Trial Court,
Branch 88, Quezon City with the crime of illegal recruitment in large scale in violation
of Article 38(a) in relation to Article 39(b) of the Labor Code, as amended by
Presidential Decree No. 2018; and with two (2) counts of estafa punished under Article
315, paragraph(2)(a), of the Revised Penal Code.
The indictments therefor respectively allege as follows:
Criminal Case No. 90-13962
“That during the period comprised from February, 1989 to March, 1989 in
Quezon City, Philippines, and within the jurisdiction of this Honorable Court,
the above named accused, without any authority of law and for a fee, did
then and there willfully, unlawfully and feloniously recruit and promise
employment/job placement abroad to the following persons: FERDINAND
TUAZON y AQUINO, ARNULFO CAAMPUED y CAMBA and NORLITO HULAR y
TUMBADO without first securing the required license or authority from the
Department of Labor and Employment in violation of the aforesaid law.”[1]
Criminal Case No. 90-13963
“That on or about the period comprised from February, 1989 to March, 1989
in Quezon City, Philippines, and within the jurisdiction of this Honorable
Court, the above-named accused, did then and there, wilfully and unlawfully
and feloniously defraud NORLITO HULAR y TUMBADO in the following
manner, to wit: the said accused by means of false manifestations and
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/34555
1/9