People vs Villas : 112180 : August 15, 1997 : J. Panganiban : Third Div...
2 of 10
http://sc.judiciary.gov.ph/jurisprudence/1997/aug1997/112180.htm
(qualified) of four (4) persons, namely: Alfonsa Acierda Morotos [sic], Teresita Caballero Villegas, Nenita
Balisalisa and Ligaya Rentura punishable under Article 39 (a) of the Labor Code as amended, she is
hereby sentence[d] to a penalty of LIFE IMPRISONMENT and a fine of P100,000.00 and to pay the cost;
to indemnify Alfonsa Acierda Mortos the amount of P11,300.00, Teresita Caballero Villegas, the amount
of P11,800.00, Nenita Balisalisa the amount of P6,200.00 and Ligaya Rentura the amount of P2,000.00.[6]
Appellant, although granted bail during the trial, was subsequently committed to the
Correctional Institution for Women on March 4, 1994[7] pending resolution of her appeal.
The Facts
Version of the Prosecution
The prosecution presented eight (8) witnesses among whom were the four complainants:
Alfonsa Acierda Mortos, Ligaya Clara Rentura, Teresita Caballero Villegas and Nenita Balisalisa.
The other four were: Teresita Quitoriano, a nurse through whom the illegal scheme of the
appellant was discovered; Gaudencio dela Pea of the Philippine Overseas Employment
Administration (POEA) office in Davao City who issued a certification that appellant had no
authority or license to recruit; Isabelo B. Cerna, Jr., Senior Agent of the National Bureau of
Investigation (NBI) in Davao City who took part in the entrapment operation against the
appellant; and Ofelio Mortos, husband of Complainant Alfonsa Acierda. The following may be
gleaned from the testimonies of the prosecution witnesses.
Alfonsa Acierda Mortos[8] and Teresita Caballero Villegas,[9] both nurses at the Davao
Medical Center, met the accused-appellant sometime in November 1990 through Vilma
Luyahan,[10] a distant relative of Alfonsa. During their meeting, accused-appellant informed
them that she was recruiting workers for employment as nanny-housekeepers in Canada and
that she was also authorized to recruit nurses for the Canadian Immigration Assistance Service
(CIAS).[11] In response to the nurses interest in applying, the accused required them to submit
to her application letters, photocopies of their respective birth certificates, 2x2 pictures and a
processing fee of $400 each -- $200 of which was to be paid initially, with the balance to be paid
upon receipt of ones case number[12] from the CIAS. Appellant Villas also claimed that she had
a friend in the CIAS who would facilitate the processing of the applicants papers.
The following day, Acierda made the initial payment of $200 and submitted the other
requirements to Villas. After receiving her case number in January of 1991, she paid the
additional amount of P6,000.00, the approximate equivalent of $200.00.
Villegas also gave the accused-appellant the $200 down payment upon submission of her
application papers and another P5,800.00 upon her receipt of her case number.
Nenita Balisalisa,[13] also a nurse, testified that she came to know the accused in the last
week of January 1991 through Complainant Acierda. Given the same information by the
accused regarding employment in Canada, Balisalisa paid her the initial P5,800.00. However,
she failed to pay the balance even after receipt of her case number from the CIAS.
In January 1991, Ligaya Rentura[14] also learned from her co-workers --Acierda, Villegas
and Balisalisa -- that accused-appellant was recruiting nurses for Canada. Likewise, she
submitted the requirements and paid the appellant P2,000.00 as down payment.
All in all, Acierda paid Villas a total amount of P11,300.00, including the money used during
the entrapment of the latter; Villegas, a total of P11,800.00; Balisalisa, a total of P6,200 including
the sum of P400 used during the entrapment; and Rentura, P2,000.00.
1/24/2016 11:04 PM