People vs Villas : 112180 : August 15, 1997 : J. Panganiban : Third Div...
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http://sc.judiciary.gov.ph/jurisprudence/1997/aug1997/112180.htm
to convince the private complainants. They paid her the amount demanded as placement fee. They
submitted to her application letters, xerox copies of their birth certificates and 2x2 pictures as the
necessary requirements to apply for work as nanny-housekeeper in Canada. They discovered later on to
their frustration that they were duped, that she is an illegal recruiter.[26]
There is no reason to disturb the above findings of the court a quo. The credibility of
witnesses is best left to the judgment of the trial judge whose findings are generally not disturbed
on appeal, absent any showing that substantial errors were committed or that determinative
facts were overlooked which, if appreciated, would call for a different conclusion.[27] The trial
court has the advantage, not available to appellate courts, of observing the deportment of
witnesses and their manner of testifying during trial. Thus, appellate courts accord highest
respect to such findings and conclusions of lower courts.[28]
Furthermore, appellant was a stranger to private complainants before the recruitment. It is
contrary to human nature and experience for persons to conspire and accuse a stranger of a
crime that would take the latters liberty and send him or her to prison life just to appease their
feeling of rejection and vindicate the frustration of their dreams to work abroad.[29] In its
assailed Decision, the trial court declared:
No improper motive or reason was shown why they would falsely implicate the accused to a serious crime
as charged. The accused herself declared that she had no quarrel or altercation with the private
complainants. The private complainants were subjected to a rigorous cross-examination but they
maintained their testimonies against the accused ringing with sincerity.
xxx
NBI agent Atty. Cerna, Jr. has no reason or improper motive to falsely testify against the accused with
such a grave offense. xxx. Atty. Cerna, Jr. as a public official is presumed to have performed his duty
regularly under the law. He narrated in detail how the accused was entrapped from the time the private
complainants went to his office to lodge a complaint against the accused for illegal recruitment, when he
secured a certification from the Department of Labor, when the entrapment was planned with the help of
NBI head Atty. Gadia and Atty. Bisnar up to the time he, together with Balisalisa and Mrs. Mortos entered
the house of the accused and in his presence the accused accepted the marked money from the two
women. His testimony was clear, convincing and sincere and therefore deserves full faith and credence.
x x x In the absence of improper motives actuating the prosecution witnesses tend to sustain no improper
motive existed and their testimonies are worthy of belief.[30]
Second Element
Gaudencio dela Pea, head of the regional unit of the Philippine Overseas Employment
Administration in Davao City, testified that Appellant Villas had no authority to engage in
recruitment activities. He identified in open court the certification he previously issued, which
states:
This is to CERTIFY that as per our records, MILDRED NIQUE VILLAS is NOT AUTHORIZED to
recruit workers in Davao City or in any part of Region XI, particularly workers bound for Canada.
This certification is being issued upon the request of Atty. Fidencio Bisnar, Supervising Agent, National
Bureau of Investigation (NBI), Davao City, for whatever legal purpose it may serve.
[31]
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