6/30/2021
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expenses incurred by the said workers in connection with their
documentation and processing for purposes of deployment, to their damage
and prejudice.
CONTRARY TO LAW.[4]
Appellant was also charged with four (4) counts of Estafa, of which only three (3)
resulted to a conviction and hence, appealed before the Court. The Informations are
similarly worded, save for the details pertaining to the date of the commission of the
offense, the name of the complainant, job recruited for, and the amount involved:
Criminal Case No. 10-276565
That on or about April 8, 2009 to April 20, 2009 in the City of Manila,
Philippines and within the jurisdiction of this Honorable Court, the abovenamed accused ERNALYN PALICPIC y MENDOZA a.k.a. ERMALYN MENDOZA,
LYN/MALYN, did then and there willfully, unlawfully, and feloniously defraud
Christopher Yambao, the accused under false and fraudulent representations
made to the effect that [she] would secure Christopher Yambao employment
as mechanical engineer in Qatar, if Christopher Yambao would deliver to her
the amount of Php43,500.00 to cover the cost of placement fee, visa
processing, documentation and plane ticket and by means of other similar
deceit, which representations she well knew were false and fraudulent since
she knew that she's not a licensee nor have (sic) the authority to recruit
overseas worker and were only made to induce Christopher Yambao to give
and deliver as in fact the said Christopher Yambao gave and delivered the
amount of Php43,500.00, and once in possession of said amount, willfully,
unlawfully, and feloniously misappropriated, misapplied, and converted the
amount of Php43,500.00 to her own personal use and benefit, to the
damage and prejudice of Christopher Yambao.
CONTRARY TO LAW.[5]
The variation in the Informations of the other two (2) criminal cases, are summarized
below:
Job
Criminal
Date of
Complainant's
Recruited
Case No. Commission
Name
For
Amount
Involved
10April 8 to 20, Mary Ann Tucay
Receptionist P43,500.00
[6]
2009
(Tucay)
276566
10March 23 to
[7]
April 28, 2009
276568
Edgardo
Ramirez
(Ramirez)
Waiter
P34,000.00
Upon motion of the prosecution, the criminal cases were consolidated. When arraigned,
appellant pleaded not guilty.
Version of the Prosecution
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66642
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