In the case of Mr. Arnel Diana, on July 20, 1992, he along with his brother-in-law, met the
appellant and his co-accused Irene Yabut at their room in P.M. Apartelle, No. 26 N. Domingo
Street, San Juan Metro Manila (TSN, June 15, 1993, p. 30). Diana and his companion were
assured by the appellant that they could leave for abroad (Ibid). The appellant and his co-accused
asked Diana to pay the fee of P50,000.00 for the travel documents and POEA papers (TSN, June
15, 1993, p. 31). Diana was made to sign an employment contract (Ibid; Exhs. A to A-4 and P to
P-4) which convinced him to part with his money (TSN, June 15, 1993, pp. 40-42). The amount
was paid on installments. Diana made the first payment on July 20, 1992 for P15,000.00 (TSN,
June 15, 1993, pp. 33; Exhs. B and Q pros), handed over to the appellant and Irene Yabut (TSN,
June 15, 1993, pp. 40-41). The second installment on July 24, 1992 for P25,000.00 (Ibid, Exhs.
C and R pros) and the third installment was given on July 27, 1992 for P10,000.00 (TSN, July
15, 1993, p. 34; Exhs. D and S pros). Diana was first scheduled to leave on August 8, 1992 but
his departure did not push through (TSN, June 15, 1993, p. 35). Disappointed, Diana asked the
appellant and his co-accused Irene Yabut for an explanation. Appellant cited lack of escort as the
reason for his non-departure (Ibid).
The second scheduled date of departure was also cancelled for alleged unavailability of the
Japanese who was to hire him (Ibid). Diana was scheduled five (5) times to depart but each time
the departure went for naught, while appellant and co-accused Irene Yabut kept on assuring him
that they were going to do something about it (TSN, June 15, 1993, p. 36). Exasperated, Diana
demanded for the return of his money from appellant (TSN, June 15, 1993, pp. 37-38). Despite
the promises of the appellant, the money he paid was never refunded. Thereafter, Diana found
out from another complainant Henry Ilar, that the appellant and his co-accused were not licensed
nor authorized to recruit workers for overseas employment (TSN, June 15, 1993, p. 38).
In the case of private complainant Antonio S. Bernardo, he entered into an employment contract
with appellants co-accused Irene Yabut (TSN, August 18, 1993, pp. 2-3). Bernardo was told by
the appellant that he did not affix his signature on the employment contract because of his
government employment i.e., a member of the Philippine National Police (PNP), but appellant
on several occasions promised Bernardo that he would be able to leave for abroad (TSN, August
18, 1993, p. 3).
Still another complainant, Fely Casanova testified that she first met appellant and his co-accused
Irene Yabut who introduced themselves as Mr. and Mrs. Madrid on June 8, 1992 (TSN, August
18, 1993, p. 5). Casanova always saw the appellant at the P.M. Apartelle on Domingo Street, San
Juan, Metro Manila whenever she made follow-ups on her papers (Ibid). Casanova also saw the
appellant and his co-accused Irene Yabut at the Town and Country on December 18, and 22,
1992 when the two were already in hiding. They were talking to other applicants whom they
promised to send abroad (TSN, August 19, 1993, p. 6). On those two occasions, appellant and his
co-accused assured her about a job placement abroad or the return of her money (Ibid).
Realizing that their overseas jobs would never materialize, complainants hauled appellant and his
co-accused to the Department of Justice, which conducted a preliminary investigation on the
complaints. Both were subsequently charged with (1) Illegal Recruitment in Large Scale in
Criminal Case No. 98224, and (2) eight (8) counts of Estafa in Criminal Case Nos. 98997-99004.
The Information for Illegal Recruitment reads:iii[3]