FIRST DIVISION
[G.R. No. 123906. March 27, 1998]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROWENA HERMOSO
BENEDICTUS, accused-appellant.
DECISION
DAVIDE, JR., J.:
In an informationi[1]
1 filed on 20 October 1993 before the Regional Trial Court of Malolos, Bulacan, and
assigned to Branch 76 thereof, the accused-appellant was charged with the crime of
illegal recruitment under Article 38 in relation to Articles 34 and 39 of the Labor Code of
the Philippines, as amended, allegedly committed as follows:
That in or about the month of December, 1992, in the municipality of Malolos,
province of Bulacan, Philippines, and within the jurisdiction of this Honorable
Court, the above-named accused, 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 wilfully, unlawfully and
feloniously, with false pretenses, undertake illegal recruitment activities,
placement or deployment for a fee of Napoleon dela Cruz, Ernesto Vasquez,
Evangeline Magpayo, Crisanta Vasquez, Evelyn de Dios and Mercy Magpayo
for overseas employment.
Contrary to law.
Upon arraignment, the appellant entered a plea of not guilty.
At the trial on the merits, the prosecution presented as witnesses the complaining
victims Napoleon de la Cruz, Crisanta Vasquez, Evelyn de Dios, Mercy Magpayo, and
Evangeline Magpayo, as well as Barangay Captain Emerlito Calara. The defense had
only the appellant as its witness.
The Office of the Solicitor General summarized in the Appellees Briefii[2] the evidence
for the prosecution as follows:
On December 15, 1992, complainants Napoleon de la Cruz, Crisanta Vasquez,
Evelyn de Dios, Mercy [Magpayo] and Evangeline Magpayo met appellant in the
house of Crisanta Vasquez located at Bambang, Bulacan. There, appellant told
them that she was recruiting workers for deployment in Taiwan. She promised
them that they would be sent to Taiwan on January 15, 1993. Napoleon dela