6/7/2020
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Bagay, Jr. went to the office of the accused-appellant who offered him a job as a dentist
in London. Accused-appellant assured him that with an initial payment of PhP30,000,
he would leave in three months. After paying the said amount, Bagay, Jr. gave the
accused-appellant his resume, transcript of records, diploma, passport, and I.D.
pictures. Unfortunately, he was not able to leave for London because in less than three
months, Bagay, Jr. learned that accused-appellant was detained at Camp Panopio for
illegal recruitment. Despite her promise to Bagay, Jr., accused-appellant failed to return
the amount to him. The complaint filed by Bagay, Jr. against the accused-appellant was
docketed as Criminal Case No. Q-03-119666.
Sometime in the third week of March 2003, Guillarte went to the office of the accusedappellant who promised her work as a hotel staff member in Cyprus. She gave
accused-appellant an amount totaling PhP55,000 as full payment for her deployment
abroad. But the promise of deployment never materialized. Guillarte's demand for the
return of her money from the accused-appellant went unheeded. She filed a complaint
against accused-appellant docketed as Criminal Case No. Q-03-119664.
Private complainant Doria, however, did not testify.
For her part, the accused-appellant admitted that she was the Overseas Marketing
Director of All Care Travel & Consultancy (Hongkong), with All Care Travel &
Consultancy (Philippines) as its affiliate. She said that sometime in 1990, she was
issued a professional license as an Electronics Communication Engineer. She left the
country in 2003 and was not in the Philippines from January 2003 to February 2003.
She returned to the country on June 4, 2003 and left the country in the same month.
She claimed that she did not know Suratos, Guillarte, Alayon, Bagay, Jr., and Gloria.
Although she knew Duldulao, she did not promise him any job. She likewise claimed
that she neither signed nor issued any receipt using the name "Manzie delos Reyes" in
favor of the complainants. She further claimed that she was not engaged in any
recruitment and placement activities. During the pre-trial, she admitted that she had
no license to recruit workers for overseas employment.
On rebuttal, prosecution witness Perla D. Sayana, Chief, Registration Division of the
Professional Regulation Commission (PRC), testified that the name of accusedappellant, "Merceditas Matheus" does not appear in the books of PRC's database. She
issued a certification to the effect that "Merceditas Matheus" is not a Licensed
Electronics Communication Engineer.
Confidential agent of the Bureau of Immigration (BOI), Rustico B. Romero, whose main
task was to verify travel records, also appeared for the prosecution. He testified that
based on the BOI's database, the name "Merceditas Matheus" did not leave the country
from January 31, 2003 to June 18, 2003.
On November 26, 2008, the RTC rendered its Decision,[10] convicting accused-appellant
of the crime of large scale illegal recruitment and five counts of estafa. The complaint
docketed as Criminal Case No. Q-03-119667 filed by Doriza P. Gloria (Gloria), however,
was dismissed due to Gloria's failure to testify and the prosecution's failure to prove
appellant's guilt for the crime of estafa.
On appeal before the CA, the CA affirmed the RTC's Decision.[11]
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63200
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