FIRST DIVISION
[G.R. No. 127848. July 17, 2003]
PEOPLE OF THE PHILIPPINES, appellee, vs. MARLENE OLERMO @
Marlene Tolentino, appellant.
DECISION
AZCUNA, J.:
In separate informations filed before the Regional Trial Court (RTC) of Valenzuela,
Metro Manila, Branch 172, Marlene Olermo a.k.a. Marlene Tolentino was accused of
illegal recruitment in large scale and five counts of estafa.
In Criminal Case No. 2860-V-93, a prosecution for illegal recruitment in large scale,
the information reads:
That during the period of February to June 1993, in Valenzuela, Metro Manila and
within the jurisdiction of this Honorable Court, the above-named accused,
representing herself to have the capacity to contract, enlist and recruit workers for
employment abroad, did then and there wil[l]fully and unlawfully, for a fee, recruit
and promise employment/job placement in a large scale to ARISTON B.
VILLANUEVA, MARY JANE AQUINO-VILLANUEVA, ALFRED BRYANT
BERADOR, FRENNIE MAJARUCON and WILFREDO TUBALE, without said
accused having secured first the necessary license or authority to engage in
recruitment activity from the Philippine Overseas Employment Administration
(POEA), in violation of the aforementioned provision of Law.
Contrary to Law.
[1]
The five informations for estafa, on the other hand, docketed as Criminal Cases
Nos. 2861-V-93, 2862-V-93, 2863-V-93, 2864-V-93, and 2865-V-93, alleged that the
appellant violated paragraph 2(a), Article 315 of the Revised Penal Code, thus:
In Criminal Case No. 2861-V-93:
That sometime in the month of February 1993 or thereabouts in Valenzuela, Metro
Manila and within the jurisdiction of this Honorable Court, the above-named accused,
defrauded and deceived one NAPOLEON APARICIO y CLEMENTE in the
following manner to wit: said accused, by means of false manifestations and
fraudulent representation made to the said complainant to the effect that she has the