6/9/2020
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T.M. Kalaw in Manila for their flight schedule. When they went to the Singapore Airlines
office to verify, they were given a computerized document indicating their names, flight
schedule and their status as “waitlisted” passengers.[12]
Appellant was able to make them believe that the computerized documents would
suffice for them to leave for Singapore. At this point, appellant was again able to collect
money from the complainants. They were supposed to meet the day before their
supposed date of departure but appellant failed to show up, hence the complainants
decided to proceed to the airport to confirm their flight. They found out that their
reservation was not confirmed and no plane tickets had been purchased for them.
Thereafter, appellant did not show up anymore. It was after about a year later when
complainants learned that appellant had been arrested and was detained at the NBI.
They went to the NBI office and identified appellant. As a consequence, a complaint
was thereafter filed against the latter.[13]
Appellant, as was to be expected, denied the charges. He interposed an alibi for his
defense. He averred that he is a businessman engaged as a meat dealer, and that he
had his own slaughterhouse. During the month of February, 1989, he was regularly
buying meat from Batangas with four companions. They purchased cows and pigs in
the morning and butchered them in the afternoon, and the meat was delivered the
following morning to Divisoria. His usual routine started in the afternoon and ended at
midnight. Sometimes, he also supervised the business of his aunt, Josephine Tan, who
owns the stalls he was using in Divisoria.[14]
He further claimed that on March 15, l990, he was arrested while delivering live cows at
Masilo, Malabon, and he was then detained at the NBI. On March 22, l990, he was
taken out from his detention cell for identification by the complainants.[15] He denies
having been engaged in recruitment for overseas employment, claiming that he did not
know the three complainants until their confrontation at the office of the NBI in the
National Capital Region.
The Court a quo eventually rendered its decision on August 18, l992, finding herein
appellant guilty of the charges beyond reasonable doubt, and disposing as follows:
“WHEREFORE, premises considered, accused NESTOR MAÑOZCA y ALMARIO
is found guilty by this Court of Illegal Recruitment in Large Scale in Criminal
Case No. 90-13962 and is hereby sentenced to suffer a penalty of life
imprisonment and to pay a fine in the sum of P100,000.00. He is likewise
found guilty of two counts of Estafa in Criminal Case No. 90-13963 and 9013964 and is hereby sen(t)enced to serve two prison terms of four (4)
months and one (1) day of arresto mayor as minimum to four (4) years, two
(2) months and one (1) day of prision correc(c)ional as maximum and to
reimburse Norlito Hular the sum of P12,636.00 with legal rate of interest
from (the) date (the) Information is filed in Court, to pay Arnulfo Caampued
the sum of P15,000.00 in actual damages (with) the same legal interest
from the date (the) Information is filed in Court and to pay the costs.��[16]
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/34555
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