6/7/2020
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July, 2001, in the City of Makati, Philippines, a place within the jurisdiction of
this Honorable Court, the above-named accused, conspiring and
confederating together and mutually helping and aiding one another, and
who have no authority to recruit workers for overseas employment, did then
and there willfully, unlawfully and feloniously promise and recruit
complainants, Basilio T. Miparanum, Virgilio T. Caniazares and Reynaldo E.
Dahab, overseas job abroad and in consideration of said promise, said
complainants paid and delivered to accused the amount of P52,000.00,
P10,000.00 and P5,000.00, respectively as processing fees of their papers,
but on the promise[d] dates of departure, accused failed to send the
complainants abroad and despite demands to reimburse or return the
amount of P52,000.00, P10,000.00 and P5,000.00 which complainants paid
as processing fees, accused did then and there refuse and fail to reimburse
or return to complainants the aforesaid amounts of P52,000.00, P10,000.00
and P5,000.00.
CONTRARY TO LAW.[3]
Criminal Case No. 01-1781
Estafa
That on or about the 9th day of April, 2001 up to July 23, 2001, in the City
of Makati, Philippines, a place within the jurisdiction of this Honorable Court,
the above-named accused, conspiring and confederating together and
mutually helping and aiding one another, by means of false pretense and
fraudulent misrepresentations, defrauded Basilio T. Miparanum by previous
of [sic] simultaneous act, that is; By pretending to possess power, influence,
qualification authority, transactions or capacity to recruit and deploy said
Basilio T. Miparanum for overseas job, which representations or
manifestations the accused knew to be false and fraudulent as they have no
authorities to recruit from the POEA and they have no principal employer
and was merely intended to convince Basilio T. Miparanum to part his money
in the amount of P52,000.00, in consideration thereof, as in fact complainant
Basilio T. Miparanum paid the said amount to the accused relying on such
false manifestation and/or representations to the damage and prejudice of
complainant Basilio T. Miparanum in the aforesaid amount of P52,000.00.
CONTRARY TO LAW.[4]
Only the accused-appellant and Langreo were arrested because Bermudez, who eluded
arrest, continues to remain at large. However, the trial proceeded only against the
accused-appellant because of the lack of notification of subsequent proceedings to
Langreo.[5]
The State presented four witnesses, namely: Virgilio Caniazares, Reynaldo Dahab,
Basilio Miparanum and PO3 Raul Bolido.
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