7/7/2021
E-Library - Information At Your Fingertips: Printer Friendly
In his defense, appellant vehemently denied the allegations against him. Appellant
alleged that he met Llave on June 3, 2011 when the latter applied for work at his office.
It is through their continued friendship that Llave was able to secure a loan from
appellant in the amount of P35,000.00 with an agreed interest rate of 20%. Despite
repeated demands, Llave failed to pay her obligation to appellant. Appellant further
claimed that he came to know the other private complainants through Llave, and, on
one occasion, had an altercation with them at the latter's house. While appellant later
admitted that he received various amounts from private complainants, he claimed that
all these were made as payment for Llave's outstanding obligation to him.
Appellant further testified that after the entrapment operation, and subsequent to his
arrest, NBI Agent Agus instructed him to prepare and issue an acknowledgment receipt
stating therein that he received from Barabas, De Leon, and Sta. Maria a sum of money
amounting to P21,000.00 as processing fee for their overseas employment in California,
USA.
Ruling of the Regional Trial Court:
In a Judgment[11] rendered on March 16, 2016, the RTC found appellant guilty beyond
reasonable doubt of Illegal Recruitment in Large Scale. The RTC held that:
The prosecution was able to prove that accused, indeed, is not a license
holder or had any authority to engage in recruitment and placement
activities. The defense failed to rebut this evidence presented by the
prosecution but plainly denied and posed an alibi that the money he
received represented payment for the loan obtained from him by private
complainant, Shane Llave, without presenting further evidence to back up
his claim. The fact that accused Imperio, who has no authority or license to
recruit for work overseas, actually recruited the private complainants for
work in California, U.S.A. and Canada, for a fee. x x x
xxxx
The Information stated that there were nine (9) private complainants who
executed their respective complaint affidavits against accused. Out of these
nine (9) private complainants, the prosecution was able to present three (3)
of them, particularly, Shane Llave, Edralin Sta. Maria and Magellan
Concrenio III, whose testimonies corroborated one another and strengthen
the evidence of guilt of the accused beyond reasonable doubt. As
undoubtedly proven by the prosecution, the act committed by the accused
falls within the ambit of illegal recruitment in large scale as defined under
the law.[12]
The dispositive portion of the Judgment states:
WHEREFORE, premises considered, judgment is hereby rendered finding
accused, Oliver Imperio y Antonio, GUILTY beyond reasonable doubt of the
crime of Illegal Recruitment in Large Scale.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66798
3/12