FIRST DIVISION
[G.R. No. 123162. October 13, 1998]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. NENITA T. JUEGO and WILFREDO
GAERLAN, accused, NENITA T. JUEGO, accused-appellant.
DECISION
BELLOSILLO, J.:
NENITA JUEGO and WILFREDO GAERLAN were charged before the Regional Trial Court of
Manila with Illegal Recruitment in Large Scale by twenty-six (26) individual complainants.i[1]
In addition, Nenita and Wilfredo were also charged with three (3) counts of Estafa by three
(3)ii[2] of the twenty-six (26) offended parties. Only Nenita stood trial as Wilfredo has eluded
arrest and remains at large.
Of the twenty-six (26) complainants, only six (6)iii[3] pursued the illegal recruitment case. Five
(5)iv[4] complaining witnesses were duly notified of the scheduled hearing but refused to sign
the subpoena due to lack of interest to prosecute the case. The rest of the complainants were
likewise duly notified but failed to appear and testify.v[5]
In her defense, Nenita contended that the alleged recruiting firm, AJ International Trade Link,
was a sole proprietorship of her husband Abelardo who, before his death in 1992, was engaged in
real estate business and importation of cement and fertilizer from Iraq. Although Abelardo was
given a special power of attorney by two (2) licensed agencies accredited by the Taiwan Labor
he was not actually engaged in recruitment. The complainants had approached him for assistance
because they knew he had many friends abroad. Complainants then came to her to follow up the
status of their applications but she told them that her husband was still abroad. This was her sole
participation in his professional affairs as she was a plain housewife. After Abelardo died
complainants stopped asking her about their applications.
Nenita's testimony was corroborated by Jose Juego, the elder brother of Abelardo.
On 19 January 1995 the Manila Regional Trial Court rendered judgment adverse to Nenita T.
Juego except as to one (1) count of estafa thus a) In Criminal Case No. 93-128140 finding accused Nenita Juego guilty beyond reasonable
doubt of having committed the crime of illegal recruitment and accordingly sentencing her to
serve the penalty of life imprisonment considering that the crime was committed in large scale
and to restitute to herein complainants the payments made by them, as follows: (1) Anastacio
Magleo - P21,315.00 (Exhs. "A," "B" and "C"); (2) Fernando Magalong - P11,065.00 (Exh.
"D"); (3) Manuel Aquino - P7,500.00); (4) Raul Romero - P30,115.00 (Exhs. "E," "F," "G," "H,"
and "I"); (5) Jonas Macasieb - P5,200.00 (Exh. "J"); (6) Patricio Garin, Jr. - P4,500.00 (Exh.
"K");