to accused-appellant through Alice Sabala on November 15, 1993, at the Laperal Building on
Session Road, Baguio City where they made their first and second payments. Joaquins third
payment was made at the Bombay Bazaar on Magsaysay Avenue and he, together with Esteban,
was supposed to leave in March 1994. On the other hand, Gallao was a technician at the Gallaos
Optical Clinic. He came to know accused-appellant through Bacasnot who is the husband of
Gallaos cousin, Almi Gallao Bacasnot. Bagni, meanwhile, met accused-appellant through
Bacasnot, Bagnis brother-in-law. Gallao and Bagni were scheduled to leave by June 15, 1994. As
with Eliw, Kamura and Malinias, both Gallao and Bagni gave the downpayment of their fees to
accused-appellant at Gallaos Optical Clinic. The balance of their fees was paid at the house of
accused-appellant at 83 Happy Homes, Baguio City. Slxmis
Accused-appellant failed to comply with his commitment to send complainants Bacasnot, Eliw,
Kamura, Malinias, Bagni, Gallao, Esteban and Joaquin to Taiwan as he could no longer be
located after collecting placement fees from them.22[22]
Earlier, at the instance of complainant Bacasnot, Atty. Justinian O. Licnachan, POEA-REU
Legal Officer of the Cordillera Autonomous Region, issued a certification dated June 24, 1994
(Exh. C)23[23] which read:
This is to certify that BENZ ONG a.k.a. "BENZON ONG SATE & JOHNSON
ONG SATE", per existing and available records from this office, is not licensed
nor authorized to recruit workers for overseas employment in the City of Baguio
or any part of the region. He is neither in possession of the required Provincial
Recruitment Authority.
Complainant Francisca Cayaya failed to testify despite due notice to her. Her complaint for
estafa was, therefore, dismissed.24[24] On the other hand, the complaint for estafa of complainant
Bacasnot, which should have been filed with the Municipal Trial Court in view of the amount
(P10,000.00) involved, was nonetheless allowed because it arose out of the same facts as the case
for illegal recruitment. Sdaadsc
For his defense, accused-appellant Benzon Ong y Sate admitted having met complainant
Bacasnot through Zaldy Galos. He got to know the other complainants through Bacasnot and one
Patring Esteban (sister of complainant Paul Esteban), his partner in the video rental business. He
introduced himself to Bacasnot as one from Taiwan and told Bacasnot that his mother and
brother were based in Taiwan. Accused-appellant testified that when complainants sought his
22[22] TSN (Noel B. Bacasnot), p. 6, Sept. 28, 1994; TSN (David Joaquin), pp. 2-12, Oct. 3, 1994;
TSN (Paul Esteban), pp. 12-17, Oct. 3, 1994; TSN (Teofilo Gallao, Jr.), pp. 9-24, Oct. 10, 1994;
TSN (Samuel Bagni), pp. 33-42, Oct. 11, 1994; See Affidavits of Samuel Bagni, Teofilo Gallao,
Jr., Paul Esteban and David Joaquin all dated June 27, 1994, RTC Records, pp. 8, 10, 12 and 13.
23[23]
RTC Records, p. 73.
24[24]
Crim. Case No. 13149-R.