5/28/2020
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of Court.
Trial on the merits ensued as to the remaining cases (Criminal Case No. 04-1562, for
illegal recruitment; and Criminal Case No. 04-1564; Criminal Case No. 04-1566;
Criminal Case No. 04-1567; Criminal Case No. 1569 and Criminal Case No. 04-1574,
for estafa).[7]
The CA recounted the transactions between the complainants and the accused,
including Inovero, in the following manner:
Regarding Criminal Case No. 04-1562, the prosecution presented the five
(5) private complainants as witnesses to prove the crime of Illegal
Recruitment, namely: Novesa Baful (“Baful”), Danilo Brizuela (“Brizuela”),
Rosanna Aguirre (“Aguirre”), Annaliza Amoyo (“Amoyo”), and Teresa
Marbella (“Marbella”), and Mildred Versoza (“Versoza”) from the
Philippine Overseas Employment Administration (“POEA”).
Baful testified that on May 20, 2003 she, together with her sister-in-law,
went to Harvel International Talent Management and Promotion
(“HARVEL”) at Unit 509 Cityland Condominium, Makati City upon learning
that recruitment for caregivers to Japan was on-going there. On said date,
she allegedly met Inovero; Velasco, and Diala, and saw Inovero conducting
a briefing on the applicants. She also testified that Diala, the alleged talent
manager, directed her to submit certain documents, and to pay Two
Thousand Five Hundred Pesos (P2,500.00) as training fee, as well as Thirty
Thousand Pesos (P30,000.00) as placement and processing fees. Diala also
advised her to undergo physical examination.
On June 6, 2003, after complying with the aforesaid requirements and after
paying Diala the amounts of Eighteen Thousand Pesos (P18,000.00) and Ten
Thousand pesos (P10,000.00), Baful was promised deployment within two
(2) to three (3) months. She likewise testified that Inovero briefed her and
her co-applicants on what to wear on the day of their departure. However,
she was never deployed. Finally, she testified that she found out that
HARVEL was not licensed to deploy workers for overseas employment.
Brizuela, another complainant, testified that he went to HARVEL’s office in
Makati on February 7, 2003 to inquire on the requirements and hiring
procedure for a caregiver in Japan. There, Diala told him the amount
required as processing fee and the documents to be submitted. And when he
submitted on March 7, 2003 the required documents and payments, it was,
this time, Paulino who received them. He claimed that he underwent training
and medical examination; he likewise attended an orientation conducted by
Inovero at which time, he and his batchmates were advised what clothes to
wear on the day of their departure; he was assured of deployment on the
first week of June 2003, however, on the eve of his supposed “pre-departure
orientation seminar,” Paulino texted him that the seminar was cancelled
because Inovero, who had the applicants’ money, did not show up. He
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