6/9/2020
E-Library - Information At Your Fingertips: Printer Friendly
328 Phil. 1123
THIRD DIVISION
[ G.R. No. 108028, July 30, 1996 ]
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. CRISTINA
M. HERNANDEZ, ACCUSED-APPELLANT.
DECISION
FRANCISCO, J.:
Accused-appellant Cristina Hernandez was charged with the crime of illegal recruitment
committed in large scale in violation of Article 38 (a) and (b) in relation to Article 13 (b)
and (c) of the New Labor Code,[1] committed as follows:
"That in or about and during the period comprised between December 14,
1988 to December 24, 1988, inclusive in the City of Manila, Philippines, the
said accused representing herself to have the capacity to contract, enlist and
transport Filipino workers for employment abroad, did then and there
willfully and unlawfully for a fee, recruit and promise employment/job
placement abroad to the following persons to wit: ROGELIO N. LEGASPI,
ULDARICO P. LEGASPI, SONNY P. BERNABE, ARNEL B. MENDOZA,
BENITO L. BERNABE, ARNOLD P. VALENZUELA, ARMANDO P.
PAGULAYAN, GREGORIO P. MENDOZA, JR., RONALD T. CORREA,
DANILO PALAD and ROBERT P. VELASQUEZ (hereinafter known as
private complainants) without first having secured the required license or
authority from the POEA."[2] (underscoring supplied.)
Upon arraignment, appellant pleaded not guilty and trial on the merits ensued. Of the
fourteen (14) private complainants, four (4) were presented as witnesses for the
prosecution, namely: Benito L. Bernabe, Robert P. Velasquez, Gregorio P. Mendoza and
Arnel Mendoza. They testified to the following essential facts: Private complainants' first
encounter with the appellant was on December 12, 1988 when one Josefa Cinco
accompanied them to the office of the Philippine Thai Association, Inc. (Philippine-Thai)
in Ermita, Manila to meet the appellant. Introducing herself as the general manager of
Philippine-Thai, appellant asserted that her company recruited workers for placement
abroad and asked private complainants if they wanted to work as factory workers in
Taipeh. Enticed by the assurance of immediate employment and an $800 per month
salary, private complainants applied. Appellant required private complainants to pay
placement and passport fees in the total amount of P22,500.00 per applicant, to be
paid in three installments, to wit: P1,500 on December 14, 1988, P10,000.00 on
December 16, 1988, and P11,000.00 on December 22, 1988. When the complainantswitnesses paid the first two installments, they were issued receipts by Liza Mendoza,
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/33888
1/13