G.R. No. 181475
3 of 10
http://sc.judiciary.gov.ph/jurisprudence/2009/april2009/181475.htm
scheduled departure on January 25, 2000.
On his scheduled departure, appellant did not show up at their meeting place in
Malolos, Bulacan, hence, the around one hundred people who waited for him organized a
search party to look for him in Zambales. Appellant was arrested on February 25, 2000 at
the Balintawak tollgate.
A verification
[5]
with the Department of Labor and Employment showed that
appellant was not a licensed recruiter.
Florentino Ondra: He was recruited by appellant for employment as laborer in Saipan, for
which he gave P14,700 representing expenses for passporting, NBI clearance, and medical
examination.
Dionisio Aguilar: In September, 1999, he met appellant thru a friend whereupon he was
interviewed, tested for a hotel job, and scheduled for medical examination. He gave
P30,000 to appellant inside the latters car on November, 1999 after his medical
examination. While he was twice scheduled for departure, it did not materialize.
Ma. Leah Vivas: After meeting appellant thru Eddie Simbayan on October 19, 1999, she
applied for a job as a domestic helper in Saipan, for which she paid appellant P10,000, but
like the other complainants, she was never deployed.
Simeon Cabigao: He was recruited by appellant in September, 1999 for employment as
carpenter in Saipan with a guaranteed salary of $375 per month. For the promised
employment, he paid appellant P3,000 for medical fee, and an additional P9,000,
supposedly to bribe the examining physician because, per information of appellant, he
(Cabigao) was found to have an ailment. He was scheduled for departure on February 23,
2000, but the same never took place.
He was among those who looked for appellant in Zambales.
[6]
dated
Private complainant Cabigao later recanted this testimony, per his affidavit
March 3, 2003. Testifying anew, this time for the defense, he averred that the one who
actually recruited him and his co-complainants and received their money was Danilo
Gimeno (Gimeno), and that they only agreed among themselves to file a case against
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