G. R. No. 178337
11 of 21
http://sc.judiciary.gov.ph/jurisprudence/2009/june2009/178337.htm
the two Certifications issued by the POEA Licensing Branch, that per available records of
[its] Office, CARMEN RITUALO, in her personal capacity is not licensed by this
Administration to recruit workers for overseas employment.
[40]
As to the second element, it must be shown that the accused gave the private
complainant the distinct impression that he/she had the power or ability to send the private
complainant abroad for work, such that the latter was convinced to part with his/her money
[41]
in order to be employed.
Thus, to be engaged in illegal recruitment, it is plain that there
must at least be a promise or an offer of employment from the person posing as a recruiter
[42]
whether locally or abroad.
In the case at bar, the second element is similarly present.
As testified to by Biacora, petitioner Ritualo professed to have the ability to send him
overseas to be employed as a farm worker in Australia with a monthly salary of
[43]
US$700.00.
To further wet Biacoras appetite, petitioner Ritualo even showed him
purported travel documents of other people about to depart, whose overseas employment
she supposedly facilitated. That petitioner Ritualo personally assisted Biacora in the
completion of the alleged requirements, i.e., securing a Letter of Request and Guarantee
from the Representative of his Congressional District in Batangas to ensure the approval of
Biacoras application for an Australian Visa, even accompanying Biacora to the Australian
Embassy, all clearly point to her efforts to convince Biacora that she (petitioner Ritualo)
had, indeed, the ability and influence to make Biacoras dream of overseas employment
come true.
The claim of petitioner Ritualo that it was Anita Seraspe who was really the recruiter
and the one who profited from the subject illegal transaction holds no water. Petitioner
Ritualos act of receiving payment from Biacora and issuing personal receipts therefor; of
personally assisting Biacora to complete the necessary documents; of failing to present
evidence to corroborate her testimony despite several opportunities given her by the trial
court; of petitioner Ritualo having been positively identified as the person who transacted
with Biacora and promised the latter an overseas employment and who personally received
money from Biacora, all unhesitatingly point to petitioner Ritualo as the culprit.
The following oral and documentary evidence are worth reproducing:
COURT:
1/28/2016 11:03 AM