The four did give accused-appellant the money demanded although on different dates. The latter
issued the corresponding receiptsvi[6] therefor. Again, she assured them that they could leave for
Kuwait on different dates: Cely Navarro and Erly Tuliao on February 17, 1992 which was
rescheduled twice on February 19, 1992 and on February 25, 1992,vii[7] and Benilda Domingo
and Marcela Manzano on March 17, 1992 which was moved twice on February 24, 1992 and on
March 17, 1992.viii[8] However, not one of them was able to leave for Kuwait. When they asked
for the return of their money, accused-appellant refused and ignored their demand.
Consequently, the four filed the complaint for illegal recruitment against accused-appellant.
In addition to the complainants testimonies, the prosecution presented Virginia Santiago, a
Senior Officer in the Licensing Branch and Inspection Division of the Philippine Overseas
Employment Administration (POEA). She testified that accused-appellant was neither licensed
nor authorized to recruit workers for overseas employment.ix[9]
Accused-appellant herself took the witness stand and testified in her defense. She resolutely
denied having a hand in the illegal recruitment, claiming that she merely received the money on
behalf of one Mrs. Ganurax[10] who owned the recruitment agency called Staff Organizers, Inc.
She accepted the money in her capacity as an officer of the said recruitment agency. To bolster
this claim, she presented evidence that she remitted the money to Mrs. Ganura worth
P25,000.00xi[11] although she failed to remit the remaining amount of P8,000.00 since she was
already in detention.xii[12] Accused-appellant further claimed that although she was not listed in
the POEA as an employee of the recruitment agency of Mrs. Ganura, she had a special power of
attorney issued by her employer to receive payments from applicants.
The trial court found accused-appellant guilty of illegal recruitment in large scale defined by
Article 38 (b) and penalized under Article 39 (a) of the Labor Code, as amended by Presidential
Decree Nos. 1920 and 2018 and disposed of said case as follows:
WHEREFORE, the accused is found guilty beyond reasonable doubt of the charge in the
information and is hereby sentenced to life imprisonment and pay a fine of P100,000.00. The
accused is hereby ordered to indemnify Benilda Sabado y Domingo, the sum of P8,000.00;
Marcela Tabernero y Manzano, the sum of P8,000.00; Erly Tuliao y Sabado, the sum of
P8,000.00 and Cely Navarro y Manzano, the sum of P8,000.00. To pay the costs.xiii[13]
Accused-appellant now assails the trial courts Decision with the following assignment of errors:
I
THE LOWER COURT ERRED IN NOT STATING CLEARLY AND DISTINCTLY THE
FACTS AND THE LAW ON WHICH ITS JUDGMENT CONVICTING THE ACCUSEDAPPELLANT WAS BASED;
II
THE LOWER COURT ERRED IN NOT DISMISSING MOTU PROPRIO THE
INFORMATION FOR NOT CONFORMING SUBSTANTIALLY TO THE PRESCRIBED