People vs Benemerito : 120389 : November 21, 1996 : J Davide Jr : Th... 3 of 10 http://sc.judiciary.gov.ph/jurisprudence/1996/nov1996/120389.htm The trial court summarized the evidence for the prosecution as follows: Benjamin Quitoriano claims to have known both Alex and Precy Benemerito since birth as they are townmates in Gonzaga, Cagayan. Sometime in February, 1993, he met Alex and Precy Benemerito in Gonzaga, Cagayan and the two offered him a job as helper mechanic in Japan and Alex said that they would leave together as he was also applying for a job there. Alex told him to prepare his passport, pictures and certificate of former employment. On March 8, 1993, he went to the residence of Alex and Precy Benemerito at 150-A Scout Hernandez, Kamuning, Quezon City and he submitted the papers to them. Precy told him to pay a placement fee of P100,000.00 but he said that he had only P50,000.00, which he gave to Precy. Precy asked Alex to count the money and told him to deposit the same in the bank and she issued a receipt for said amount (Exh. A). With respect to the balance of P50,000.00, Benjamin Quitoriano requested that he be allowed to pay the same in installment by way of salary deduction. Precy then asked him to sign a two-year contract which provided for a salary of one lapad or 10,000 yen a day and medical and housing benefits. Precy gave him a referral for medical examination and told Alex to accompany him to the clinic. Alex accompanied him to the clinic and assured him of the promised job as they would leave together. Carlito Gumarang, another townmate of Alex and Precy Benemerito, was told by the latters mother sometime in February, 1993 that her children were recruiting people for employment and gave him their address at 150-A Scout Fernandez, Kamuning, Quezon City where he could see them if he was interested. He went to said address and talked to Alex and Precy who told him that he could leave for Japan to work as helper mechanic within forty-five (45) days after full payment of the placement fee of P105,000.00. He paid the amount of P105,000.00 in four (4) installments to Precy in the presence of Alex, who counted the money, and Precy gave him the corresponding receipts (Exh. H, I, J and K). He also submitted the necessary documents, such as application form, passport, NBI clearance and certificate of employment to Alex. He was asked by Alex to sign a contract of employment as helper mechanic which provided for a salary of one lapad or the equivalent of P2,500.00 a day. Fernando Arcal was accompanied by his friend, Marcelo Leal, to the house of Alex and Precy at 150-A Scout Fernandez, Kamuning, Quezon City sometime in August, 1992 but the two told him that there was no available job. He returned to said place in March, 1993 and he was shown by Alex and Precy a job order for fifty (50) mechanic helpers for Japan with a salary rate of one lapad or P2,500.00 a day. Alex told him to have a medical examination and accompanied him to the clinic in Malate. After three days, Alex and Precy told him that he passed the medical examination and to raise money for the processing of his application. He paid the total amount of P50,000.00 in five installments, as evidenced by four (4) receipts issued by Precy (Exh. C, D, E, and F), while his last payment in the amount of P5,000.00 on June 15, 1993 was received by Alex who issued the corresponding receipt (Exh. G), as Precy had already left for Brunei. Alex asked him to sign the contract, attended to the processing of his papers, counted the money given by him as placement fee and assured him that he would be able to leave. As the complainants were not able to leave for Japan as promised, Benjamin Quitoriano, Carlito Gumarang and Fernando Arcal, together with other job applicants, filed a complaint against Alex and Precy Benemerito before the NBI. They likewise secured a Certification from the Philippine Overseas Employment Administration that Alexander Benemerito and Precy Benemerito are not licensed nor authorized to recruit workers for overseas employment (Exh. B and B-1), which was confirmed in open court by Graciano Oco, Senior Labor and Employment Officer who personally verified the same from the records of the Office. [8] The defense presented the accused-appellant whose testimony is summarized by the trial court as follows: Alexander Benemerito tried to show that after graduating from high school, he worked as jeepney 1/20/2016 4:10 PM