G.R. No. 181475
2 of 10
http://sc.judiciary.gov.ph/jurisprudence/2009/april2009/181475.htm
That in or about the month of November 1999 to January 20, 2000, in the
Municipality of Malolos, province of Bulacan, Philippines, and within the jurisdiction of
this Honorable Court, the above-named accused, being a non-licensee or non-holder of
authority from the Department of Labor and Employment to recruit and/or place workers
under local or overseas employment, did then and there willfully and feloniously, with false
pretenses, undertake illegal recruitment, placement or deployment of Wilson A. Manzo,
Florentino M. Ondra, Feliciano S. del Rosario, Leo J. Cruz, Norberto S. Surio, Genaro B.
Rodriguez, Mariano Aguilar, Dionisio Aguilar, Mario J. Sorel, Marcial Boy A. dela Cruz,
Edgardo P. Jumaquio, Midel Clara Buensuceso, Remigio S. Carreon, Jr., Romeo Manasala,
Magno D. Balatbat, Jose Armen F. Sunga, Rogelio M. Cambay, Junior Balisbis, Ma. Leah
Vivas, Simeon S. Cabigao, Edcil P. Mariano, Juanito C. Bartolome, Angelito R. Acevedo,
Godofredo P. Samson, Eugenio del Rosario y Tolentino, William B. Bautista, Rodolfo M.
Marcelino, Roberto B. Bohol, Felipe H. Cunanan, Carlos P. Dechavez, Carlos J. Cruz,
Reynaldo C. Chico, Renato D. Jumaquio, Narciso F. Sunga, Enrico R. Espiritu, Leonardo
C. Sunga, Jr., and Iglecerio H. Perez. This offense involved economic sabotage, as it was
committed in large scale.
Contrary to law. (Underscoring supplied)
[4]
The Informations for 23 counts of Estafa, all of which were similarly worded but
varying with respect to the name of each complainant and the amount which each
purportedly gave to appellant, read:
That in or about the month of November, 1999 to January, 2000, in the municipality
of Malolos, province of Bulacan, Philippines, and within the jurisdiction of this Honorable
Court, the above-named accused, by means of deceit, false pretenses and fraudulent
manifestations, and with intent of gain, did then and there willfully, unlawfully and
feloniously defraud one [Wilson A. Manzo] by then and there falsely representing that he
has the power and capacity to recruit and employ persons in Saipan and could facilitate the
necessary papers in connection therewith if given the necessary amount, and by means of
deceit of similar import, when in truth and in fact, as the accused knew fully well his
representation was false and fraudulent and designed to inveigle [Wilson A. Manzo] to
give, as in fact the latter gave and delivered the amount of [P14,000.00] to him, which the
accused misappropriated to himself, to the damage and prejudice of Wilson A. Manzo in
the said amount of [P14,000.00].
Contrary to law.
Of the 23 complainants, only five testified, namely: Rogelio Cambay, Florentino
Ondra, Dionisio Aguilar, Ma. Leah Vivas, and Simeon Cabigao. The substance of their
respective testimonies follows:
Rogelio Cambay: Appellant recruited him for a painting job in Marianas Island for which
he paid him the amount of P15,000 in two installments P2,500 during his medical
examination at Newton Clinic in Makati City, and the balance of P12,500 before the
1/26/2016 3:54 PM