5/28/2020
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certification for employment. He was then told to pay P100,000.00 as
processing fee for his job application. On March 3, 2001, he gave his
downpayment of P25,000.00 to [Daud] in the presence of Hanelita and
[appellant]. He was told to wait for two weeks for the processing of his
papers. On July 2001, he was informed that additional amount was needed
to process his papers. Thus, on July 5, 2001, he gave P45,000.00 as
additional payment to [Daud] in the presence of Hanelita. He was again told
to wait for another three weeks. He was even promised that they would
return his money if he would not be sent abroad. A year after his payment,
[Poserio] was still not able to leave the country. Upon verification with the
POEA, he and the other job applicants discovered that the said agency was
not licensed to recruit workers for overseas employment. He talked over the
phone with the accused and demanded the return of his money. When they
failed to return his money, he filed a complaint with the Parañaque police.
All three complainants positively identified [appellant] in court.[16] (Citations
omitted.)
The Court of Appeals similarly provided a gist of appellant’s testimony, thus:
Roderick Gallemit [(appellant)] denied owning the agency, undertaking
any recruitment act or receiving any amount from the complainants
considering that his name did not appear in the receipts. He admitted that
he is married to co-accused [Hanelita] and that co-accused [Daud] is his
mother-in-law.
He knew private complainants [De Guzman] and [Poserio] who were
introduced to him by [Daud] who was then working as a liaison officer at
Jemimah International Manpower Services located in Taft Avenue, Manila.
[Appellant] denied knowing the other complainants. He was just brought
along by [Daud] since he was also one of the job seekers applying at the
Jemimah International Manpower Services where [Daud] worked. [Daud]
told him that private complainant [De Guzman] is her business partner.
[Poserio] was one of those applying for a job abroad and [De Guzman]
would refer them to [Daud].
Thus, [De Guzman] frequented their
apartment in Parañaque.
He admitted that, from February 2001 to August 2001, he had been staying
at the apartment in India Street, Better Living Subdivision, Parañaque City
he shared with his wife Hanelita, their child and his mother-in-law [Daud].
He and his wife were not employed since they were applying for a job
abroad. His siblings help him out by sending him money for his job
application. He was aware that his mother-in-law [Daud] was a recruiter
and owned an agency named Green Pasture Worldwide Travel and Tours
which she operated in the same apartment. He claimed that [Daud] has
only one employee, a certain Badjong, who processed documents. At first
he did not apply with [Daud] because her business was still new. He applied
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57079
7/19