Republic of the Philippines
SUPREME COURT
Manila
SECOND DIVISION
G.R. Nos. 114967-68
January 26, 2004
PEOPLE OF THE PHILIPPINES, Appellee,
vs.
CRISPIN BILLABER y MATBANUA, Appellant.
DECISION
TINGA, J.:
Convicted of illegal recruitment in large scale and estafa, Crispin Billaber y Matbanua appeals the decision of Branch 18 of the Regional Trial Court of
Manila.
The Information in Criminal Case No. 92-108577, charging the accused with illegal recruitment in large scale reads, as follows:
That on or about and during the period comprised between May 3, 1992 and June 16, 1992, inclusive, in the City of Manila, Philippines, the said
accused, representing himself to have the capacity to contract, enlist and transport Filipino workers for employment abroad, did then and there willfully,
unlawfully, for a fee, recruit, and promise employment/job placement to the following persons, namely: Raul Durano y Juabal, Elizabeth Genteroy y
Evangelista and Tesita Onza y Paala without first having secured the required license or authority from the Department of Labor.
CONTRARY TO LAW.1
That in Criminal Case No. 92-108578 for the crime of estafa reads:
That on or about May 3, 1992, in the City of Manila, Philippines, the said accused, did then and there willfully, unlawfully and feloniously defraud Raul
Durano y Juabal in the following manner, to wit: the said accused, by means of false manifestations and fraudulent representations which he made to
said Raul Durano y Juabal to the effect that he had the power and capacity to recruit and employ said Raul Durano y Juabal and could facilitate the
processing of the pertinent papers if given the necessary amount to meet the requirements thereof, and by means of similar deceits, induced and
succeeded in inducing said Raul Durano y Juabal to give and deliver, as in fact he gave and delivered to said accused the amount of P18,000.00 on
the strength of said manifestations and representations, said accused well knowing that the same were false and fraudulent and were made solely to
obtain, as in fact he did obtain the amount of P18,000.00 which amount once in his possession, with intent to defraud, he willfully, unlawfully and
feloniously misappropriated, misapplied and converted to his own personal use and benefit, to the damage and prejudice of said Raul Durano y Juabal
in the aforesaid amount ofP18,000.00 Philippine Currency.
CONTRARY TO LAW.2
Upon arraignment on 6 October 1992, the accused pleaded "not guilty" to the crimes charged.3 Joint trial ensued thereafter.
The prosecution presented as witnesses, private complainants Elizabeth Genteroy, Raul Durano and Tersina 4Onza, as well as police investigator PO2
Venerando R. Miñas. The evidence offered by the prosecution established the following facts.
Sometime in April 1992, private complainant Elizabeth Genteroy, a public school teacher, was introduced to accused Crispin Billaber by her friends,
Laarni Nova and Olivia Montemayor, at the office of Kingly Commodities in Makati.5 The accused told Genteroy that he could help her acquire the
necessary papers and find her a job as a seamstress in the United States for a fee of P40,000.00.6 The accused also informed Genteroy that he was in
need of someone who was willing to work as a driver in the US.7
Sometime in the same month, Genteroy introduced the accused to private complainant Raul Durano somewhere in Makati.8 The accused offered
Durano a job as his (the accused’s) personal driver in the US. The accused charged Durano a fee of P18,000.00 for the processing of his papers.9 The
accused further assured Durano that he would be able to leave for the US within one month.10
On 3 May 1992, at about 7:00 p.m., Durano paid the accused P18,000.00 at Minims Restaurant at the corner of Taft Avenue and U.N. Avenue,
Manila.11 Durano asked for a receipt, but the accused said it was not necessary since they will leave together within a month. 12
On 4 May 1992, at about 7:00 p.m., private complainant Genteroy also paid the accused P10,000.00 in Jollibee, Tayuman Branch at the corner of Rizal
Avenue, Sta. Cruz, Manila.13 The accused said that the amount would be used to secure the pertinent papers, like a passport, visa and the ticket.14 The
accused likewise told Genteroy that she may give the balance of P30,000.00 at the airport, or she could settle the amount in the US.15 Like Durano,
Genteroy requested a receipt, but the accused declined and assured her that she, together with the group and the accused, will be leaving
together16 on the 3rd week of June 1992.17 The departure date was subsequently re-set to 23 July 199218 because there were others who wanted to
join them.19