Offemaria, went to Phil-Am Life Bldg., U.N. Ave., Manila, and in the presence of coaccused Nemia Magalit Diu, Flor Nocete, Leila Briones and petitioner Emma Marcelo,
she gave the amount of P15,000.00 and another P1,500.00, or a total of P16,500.00,
which, Angelica Offemaria, upon receipt divided into two batches and she then wrapped
in two yellow pad paper sheets. She wrote on the wrapper of one batch the date July
17, and on the other the amounts given by complainant as evidenced by the receipt
dated July 17, 1982.[15] Thereafter, private complainant was told to wait for the good
news.[16]
After one week of waiting without receiving any news, private complainant went to
Offemarias office only to find out that she had already left for abroad. Thus, she looked
for the co-accused Nemia Magalit Diu, Emma Marcelo, Leila Briones and Flor Nocete
and they too were nowhere to be found.[17] Thereafter, she went to the Department of
Labor and Employment. A POEA certification dated December 20, 1982 signed by
Luzviminda Padilla, Director of Licensing and Regulation Office, stating that Angelica
Offemaria was not at all authorized to recruit workers, was issued to her.[18]
On February 13, 1984, an information for the crime of Estafa was filed against
Angelica C.J. Offemaria, Emma Offemaria Marcelo, Nemia Magalit Diu, Leila Briones
and Flor Nocete. The information reads:
That in (sic) or about and during the period comprised between May 20, 1982
and July 17, 1982, inclusive, in the City of Manila, Philippines, the said
accused, conspiring and confederating together and helping one another, did
then and there wilfully, unlawfully and feloniously defraud CLARITA
MOSQUERA in the following manner, to wit: the said accused, by means of
false manifestations and fraudulent representations which they made to the
said CLARITA MOSQUERA to the effect that they have the power and
capacity to recruit and employ said CLARITA and her aunt, HELEZ (sic)
PAMINSAN in the United States as baby-sitters, and could facilitate the
processing of pertinent papers if given the necessary amount to meet the
requirements thereof, and by means if other similar deceits, induced and
succeeded in inducing the said CLARITA MOSQUERA to give and deliver, as
in fact she gave and delivered to said accused the total amount of P27,925.00
on the strength of such manifestations and representations, said accused well
knowing, that the same were false and fraudulent and were made solely to
obtain, as in fact they did obtain the amount of P27,925.00, which amount
once in their possession, with intent to defraud, they wilfully, unlawfully and
feloniously misappropriated, misapplied and converted to their own personal
use and benefit, to the damage and prejudice of the said CLARITA
MOSQUERA in the aforesaid amount of P27,925.00, Philippine Currency.
[19]
When duly arraigned on June 5 and 10, 1985, petitioner Emma Marcelo and one of
her co-accused, Nemia Magalit Diu, respectively, through their counsels, pleaded Not