4/10/2020
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According to accused-appellant, she and BBB were friends and neighbors in Talon-talon,
Zamboanga City. Sometime in April 2003, when asked by BBB why accused-appellant
returned to the Philippines from Malaysia, the latter said that she had been made a
prostituted woman in Malaysia.
Accused-appellant denied having offered BBB a job in Malaysia, a denial corroborated
by Majujie Jailya Misuari. Accused-appellant also denied knowing AAA and Franz. She
claimed that she only met AAA when the latter, together with BBB, visited her in jail
and offered to withdraw the case if accused-appellant would give them money.
Co-accused Franz merely denied knowing AAA, BBB or accused-appellant.
On 27 June 2008, after trial on the merits, the Regional Trial Court (RTC) of Zamboanga
City rendered a Decision,[5] the dispositive portion of which states:[6]
WHEREFORE, the Court finds both accused NURFRASIR HASHIM y
SARABAN a.k.a “FRANZ/FRAS” and BERNADETTE PANSACALA a.k.a
“NENENG AWID” GUILTY BEYOND REASONABLE DOUBT of the crime of
ILLEGAL RECRUITMENT defined under Section 6 and penalized under Section
7(b) of Republic Act No. 8042 otherwise known as the “Migrant Workers and
Overseas Filipinos Act of 1995”, as principals by direct participation,
committed by a syndicate, against BBB and AAA, and SENTENCES each of
said accused to suffer the penalty of LIFE IMPRISONMENT and to pay a
fine of P1,000,000.00 each;[7] to pay each of the above victims P50,000.00
as moral damages; P300,000.00 as exemplary damages, and to pay the
costs.
SO ORDERED.
The trial court considered that, in the course of the trial, the prosecution and the
defense had entered into a stipulation that neither accused-appellant Bernadette nor
Franz had a license or an authority to recruit or deploy workers for overseas
employment.
Moreover, the trial court found that the crime was committed in conspiracy by the
accused and other persons. It painstakingly enumerated the overt acts of the accusedappellant showing her direct participation in the commission of the crime. These acts
included inducing AAA and BBB to work in Malaysia; introducing Macky, Jun and Franz
to the victims; and escorting them to the wharf, where the victims boarded the vessel
that took them away from their families and their country and brought them to
Malaysia, where – heretofore unbeknownst to them – they were made to work as
prostituted women.
It further held that the credible and positive testimonies of the witnesses for the
prosecution prevailed over those of the defense of mere denial, absent any showing
that the witnesses for the prosecution had any ill motive to falsely testify and implicate
the accused in the commission of the crime charged.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/54824
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