inquired with the Philippine Overseas Employment Agency (POEA) whether or not
appellant was licensed to recruit persons for overseas employment.They were informed
that appellant is not a licensed recruiter and they procured a certification to this effect. [14]
Complainant Alfred Bryant Berador,[15] a cook, testified that on or about February 22,
1993, he was introduced to appellant by one of her partners in the agency. He met her
in their office in front of the Municipal Hall of Valenzuela. He paid her a total amount
of P24,000 as placement and processing fees for his employment in Japan. He was
issued a receipt for each payment made.[16] He was not, however, allowed to leave for
Japan immediately. Complainant Berador was first required by appellant to undergo a
seminar to learn Nippongo for one week. However, on the fourth day of the seminar,
appellant was arrested by the authorities. Complainant Berador subsequently learned
that appellant did not have a license to recruit workers for overseas employment. He
went to the POEA and was issued a certification stating this fact.[17]
Complainant Frennie Majarucon,[18] jobless, testified that she was introduced to
appellant by her kumadre named Elvie sometime in March 1993. They first met in the
office of appellant in front of the Municipal Hall of Valenzuela. Appellant informed her
that she had an available job for her in Hong Kong and that she would need P45,000 for
placement and processing fees and P2,000 for her passport. Complainant Majarucon
was only able to give P22,000, which was evidenced by the receipts issued to her by
appellant. [19] However, complainant Majarucon never left for Hong Kong. She thus
inquired from the people in appellants office whether the amount she paid to appellant
can be refunded. She was promptly informed, however, that appellant had been
arrested and was already in jail for illegal recruitment. Complainant Majarucon then
proceeded to the POEA where she found out that the appellant was indeed not a
licensed recruiter.
For her part, appellant Olermo denied all the charges against her.[20] She alleged that
she was engaged only in visa assistance. She denied ever having represented herself
as possessing authority to deploy workers for overseas employment. She thus
explained that she only offered complainants Villanueva, Aquino-Villanueva, Aparicio
and Majarucon assistance in processing their tourist visas. With respect to the
accusation of complainant Berador, appellant alleged that she was only helping him
process his trainees visa.
On August 23, 1996, the trial court rendered a decision convicting appellant of the
crimes charged. The dispositive portion of the decision reads:
WHEREFORE, judgment is hereby rendered as follows:
(1) In Crim. Case No. 2860-V-93, the Court finds accused Marlene Olermo @
Marlene Tolentino guilty beyond reasonable doubt and as principal of the crime of
Illegal Recruitment in large scale as defined and penalized under Article 38 in relation
to Article 39 (a) of the Labor Code, as amended by P.D. 2018, without any attending
mitigating or aggravating circumstance and hereby sentences her to a penalty of life