SYLLABI/SYNOPSIS
SECOND DIVISION
[G.R. No. 108027. March 4, 1999]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. CRISTINA M. HERNANDEZ,
accused-appellant.
DECISION
QUISUMBING, J.:
Accused-appellant Cristina Hernandez, together with Alexander Gaerlan, Engineer Rizalino
Mendez, Engineer Pangilinan [sic], and Annie Bernardino, was charged with the crime of illegal
recruitment committed in large scale in violation of Article 38 (a) and (b)i[1] in relation to
Article 39 (a)ii[2] and Article 13 (b) and (c)iii[3] of the Labor Code (PD. 442 as amended),
committed as follows:
That on or about the period comprised from January 1986 and March 1986, inclusive, in the City
of Manila, Philippines, the said accused conspiring and confederating together and helping one
another, being private individuals represented themselves to have the capacity to contract, enlist
and transport Filipino workers for employment abroad, did then and there wilfully, unlawfully
and feloniously for a fee, recruit and promise employment or job placements to job applicants,
namely: Ferdinand Calara, Pedro Bonifacio, Saturnino Agbayani, Ernesto Cruz, Inocencio
Padilla, Edwin Mendello, Eugenio dela Cruz, Miguel Bernabe, Joel Mozon, Lucas Mangagil,
Alberto Salvatierra, Graciano A. Daga amd Luisito B. Marias, without first securing the required
license or authority from the Department of Labor and Employment.
Contrary to law.iv[4]
On March 31, 1989, accused-appellant Hernandez and accused Mendez were arraigned. Both
pleaded not guilty. Trial on the merits ensued, with the prosecution presenting four (4) witnesses,
namely: Ferdinand Calara, Pedro Bonifacio, Ernesto Cruz and Luisito Marias. Thereafter,
prosecution rested its case. Defense then presented accused-appellant Hernandez as its sole
witness. Accused Mendez did not present any evidence on his behalf.
Prosecution witness Ferdinand Calara testified that he met accused-appellant through Annie
Bernardino who brought him to Min-Asia Management Services (Min-Asia for brevity).
Accused-appellant was introduced to Bernardino as the owner of the company. He likewise met
Engineer Mendez and Alexander Gaerlan as Operations Managers and Engineer Pangilinan as
Liaison Officer. Accused-appellant and her staff requested Calara, together with other recruits, to
pay their placement and agents fees, and to submit requirements such as medical certificate,
AIDS test, photos, passport, certificate of employment, NBI and police clearances. He was
promised by the accused-appellant that he would be deployed abroad anytime within one week