against the accused before the Philippine Overseas Employment Administration
(POEA).[2]
On 15 August 1997 PNP Senior Inspector Ligaya Cabal of the POEA-CIG Task
Force Anti-Illegal Recruitment spearheaded a police operation to entrap the
accused. Elements of the PNP together with some members of the media proceeded to
Ermita Building and placed it under surveillance. Police Officer Cabal, who was in
civilian clothes, went alone to the office of the accused in the third floor and posed as a
job applicant. The accused inquired if she was applying as there was a vacancy for
chambermaid in Brunei. When Officer Cabal answered yes, the accused forthwith
furnished her bio-data and visa application forms and instructed her to fill them up. [3]
Officer Cabal promptly accomplished the bio-data and application forms. To obviate
any suspicion on the part of the accused as to her true identity, she used the assumed
name "Joy S. Garcia."[4] The accused then required Officer Cabal to pay the initial
amount of P1,500.00 for medical and processing fees. At the instruction of the accused,
a certain Teresita Reyoberos received the marked money from Officer Cabal and issued
the corresponding receipt therefor.[5] The police dragnet having been laid, Officer Cabal
with the use of her cellular phone made the pre-arranged signal to the police operatives
waiting outside the building that the marked money had been delivered. [6] Accused
Lourdes Gamboa and Teresita Reyoberos were thus apprehended, but the rest of their
cohorts eluded arrest and remained at large.
Later, however, Teresita Reyoberos was not included in the criminal information
after State Prosecutor Zenaida M. Lim found that she was also a job applicant at the
office of the accused who merely acceded to the request of accused Melba Mioza to
temporarily man the office in her absence.[7] Consequently, only Lourdes Gamboa was
hailed to court and indicted for Illegal Recruitment in Large Scale.
In convicting accused-appellant Lourdes Gamboa of the crime charged, the trial
court held -
x x x x the proofs adduced by the prosecution have clearly and conclusively
demonstrated that the accused, conspiring and confederating with three others, has
offered, enlisted and promised overseas employment to [complainants]. Against the
mass of evidence arrayed by the prosecution, all that the accused could offer was her
bare and unconfirmed denials and explanation x x x x The court, however, is not
inclined to uphold and sustain the denials and explanations of the accused, which are
negative in character and self-serving in nature. Her unconfirmed version cannot,
certainly, outweigh and command greater evidentiary measure than the overwhelming
testimonies of the Peoples principal witnesses, who narrated in vivid and clear-cut
details the various aspects of her recruitment and placement activities.
x x x x the evidence for the People has likewise conclusively established that the
accused is neither personally licensed nor authorized by the POEA to recruit workers
for overseas employment (Exhibit B). Although the defense has shown that the license
and authority of the Bemil Management Trading and Manpower Services to recruit,