6/30/2021
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failed to see accused-appellant Bautista in person. They were instead told to go
and
see
accused-appellant
Bautista's
co-accused Buenconsejo, who was
supposedly the one who would speak to them about the money that they had given to
accused-appellant Bautista. Buenconsejo, in turn, issued checks to Randy's
companions, equivalent to the monies they had given accused-appellant Bautista.
Randy, for his part, refused to accept a check as payment, suspicious that such would
turn out to be unfunded. The checks Buenconsejo issued later bounced, and Randy has
since remained unable to recover the money he parted with in favor of accusedappellant Bautista.[8]
On cross-examination, Randy recounted how his former agent from Seven Blazy
Agency, one Maribel Ramos (Maribel), introduced accused-appellant Bautista to him as
the runner of accused Buenconsejo, and the one in charge of the processing of
documents and Korean language instruction. Randy further claimed that accusedappellant Bautista represented that accused Buenconsejo was the owner of the
recruitment agency, who later on denied having any connections with the said agency.
Randy finally noted that he did not bother to check whether Fil Overseas Sandigan
agency was registered with the Philippine Overseas Employment Administration
(POEA), since the office of the former was located right beside the POEA office.[9]
The prosecution also presented the testimony of Rolando, private complainant in
Criminal Case No. MC09-12515 and one of the complainants in Criminal Case No.
MC09-12517. He testified that similarly to Randy, Rolando was also introduced to
accused-appellant Bautista by Maribel, who told him that accused-appellant Bautista
was looking for workers to be sent to South Korea, as replacement for those applicants
who backed out.[10] On the promise that he would be deployed to South Korea,
Rolando gave accused-appellant Bautista a total of PI44,000.00 paid in seven
installments, to supposedly cover the swapping fee, the visa processing expenses, as
well as airfare costs. Rolando added that after submitting to accused-appellant Bautista
his passport, National Bureau of Investigation (NBI) clearance, medical certificate and a
Certificate of Korean language proficiency, accused-appellant Bautista issued in his
favor a Standard Labor Contract.[11]
Finally, the prosecution presented Efren, the private complainant in Criminal Case No.
MC09-12511 and one of the complainants in Criminal Case No. MC09-12517. For his
part, Efren testified that he also met accused-appellant Bautista through Maribel, and
that accused-appellant Bautista also represented that he was recruiting applicants for
work in South Korea. Efren added that in order to be included among the list of
recruits, he gave accused-appellant Bautista a total of PI 59,000.00. Despite said
payments, however, accused-appellant Bautista failed to deploy Efren to South Korea
as promised, and he later discovered that the recruitment agency he paid fees to had
already closed.[12]
Evidence of the Defense
Accused-appellant Bautista countered that he was merely an administrative assistant of
Baler Aurora Travel & Tours, Inc., which in turn is owned by his co-accused Buenconsejo
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66754
8/20