People vs Recio : 118104-06 : November 28, 1997 : J. Romero : Third...
1 of 6
http://sc.judiciary.gov.ph/jurisprudence/1997/nov1997/118104_06.htm
THIRD DIVISION
[G.R. Nos. 118104-06. November 28, 1997]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SIXTO RECIO y
MAGPANTAY and ZENAIDA VALENCIA y de VALENCIA, accusedappellants.
DECISION
ROMERO, J.:
Appellants Sixto Recio and Zenaida Valencia were each charged with one count of illegal
recruitment and two counts of estafa before the Regional Trial Court of Manila, Branch 5, in
separate informations which read as follows:
I. Criminal Case No. 92-108476 - Illegal Recruitment
That in (sic) or about and during the period comprised (sic) between the month of May 1992 and April
1992, inclusive, in the City of Manila, Philippines, the said accused conspiring and confederating together
and mutually helping each other, representing themselves to have the capacity to contract workers for
employment abroad, did then and there wilfully and unlawfully, for a fee, recruit and promise
employment/job placement to the following compalinants (sic): Rowena Reyes, Ruel Vicente, Virgilio
Rosales, Rodrigo de Guzman, Joselito Catalan, Romeo Batac, Edgardo Miranda, Arnel Ventorina,
Rolando dela Cruz, Emiliano Wycoco, Virgilio Rumali, Rudy Villagracia, Flora Garcia, German Galang,
and Helen Galang as contract workers, Domestic Helper in Japan, Dubai, Saudi Arabia and Taiwan,
without first securing the required license or authority from the Department of Labor.
Contrary to Law.[1]
II. Criminal Case No. 92-108477 - Estafa
That on or about June 5, 1992 in the City of Manila, Philippines, the said accused conspiring and
confederating together and helping each other did then and there wilfully, unlawfully and feloniously
defraud Ruel Vicente y Valmonte in the following manner to wit: the said accused, by means of false
manifestations and fraudulent representation which they made to said Ruel Vicente y Valmonte to the
effect that they had the power and capacity to recruit and employ the latter in Japan as Construction
Worker and could facilitate the processing of the pertinent papers if given the necessary amount to meet
the requirements thereof, and by means of other similar deceits, induced and succeeded in inducing said
Ruel Vicente y Valmonte to give and deliver, as in fact he gave and delivered to said accused the amount
of P90,000 on the strength of said manifestations and representations, said accused well knowing that the
same were false and fraudulent and were made solely to obtain, as in fact did obtain the amount of
P90,000 which amount once in possession, with intent to defraud, wilfully, unlawfully and feloniously
misappropriated, misapplied and converted to their own personal use and benefit, to the damage and
prejudice of said Ruel Vicente y Valmonte in the aforesaid amount of P90,000, in Philippine Currency.
Contrary to Law.[2]
III. Criminal Case No. 92-108478 - Estafa
1/25/2016 12:39 AM