6/9/2020
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the alleged treasurer of Philippine-Thai signed by the latter in the presence of the
appellant. The receipts for the last installment paid by them were signed by Liza
Mendoza, and the appellant. After having received the entire amount[3] from the
witnesses, appellant assured them that they would be able to leave for Taipeh
sometime before the end of December, 1988. But contrary to appellant's promise,
complainants-witnesses were unable to leave for abroad. They demanded for the return
of their money but to no avail. Appellant's unfulfilled promise of employment and her
refusal to return the money that had been paid by way of placement and passport fees,
triggered the filing of the complaint.
For its part, the defense presented as its lone witness, the appellant whose testimony
consisted mainly in denying the charges against her. Appellant claimed that she never
met any of the complainants nor did she ever recruit any of them. She likewise denied
having received money from anyone and asserted that she did not know any Liza
Mendoza who is the alleged treasurer of Philippine-Thai. Appellant maintained that
although she had an office in Ermita Building located at Arquiza Street, Ermita, Manila,
the said office belonged to B.C. Island Wood Products Corporation which was engaged
in the logging business. However, when questioned further, appellant admitted being
the president of Philippine-Thai but only in a nominal capacity, and claimed that as
nominee-president, she did not participate in any of its transactions. Appellant likewise
insisted that Philippine-Thai was engaged solely in the barong tagalog business.
After careful calibration of the evidence presented by the prosecution and the defense,
the court a quo rendered a decision holding that the defense of "denial" interposed by
the accused could not prevail over the positive and clear testimonies of the prosecution
witnesses which had established the guilt of the accused beyond reasonable doubt.[4]
The dispositive portion of the decision reads:
"WHEREFORE, premises considered, this Court hereby finds that the accused
CRISTINA HERNANDEZ, (sic) guilty beyond reasonable doubt of the crime of
illegal recruitment, committed in large scale, as defined in Article 38(a) &
(b) of Presidential Decree No. 1412, x x x in relation to Article 13 (b) and (c)
x x x, accordingly, sentences the accused to suffer the penalty of life
imprisonment (RECLUSION PERPETUA) with the accessory penalties
provided for by law; to pay a fine of ONE HUNDRED THOUSAND
(P100,000.00) PESOS without subsidiary imprisonment in case of
insolvency; to return and pay to BENITO L. BERNABE the amount of TWENTY
EIGHT THOUSAND AND FIVE HUNDRED (P28,500.00) PESOS; to ROBERT P.
VELASQUEZ the amount of TWENTY TWO THOUSAND AND FIVE HUNDRED
(P22,500.00) PESOS; to GREGORIO P. MENDOZA the amount of TWENTY
TWO THOUSAND FIVE HUNDRED (P22,500.00) PESOS; to ARNEL MENDOZA
the amount of TWENTY TWO THOUSAND FIVE HUNDRED (P22,500.00)
PESOS also without subsidiary imprisonment in case of insolvency; and to
pay the costs.
SO ORDERED.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/33888
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