6/7/2020
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house of her mother-in-law at about 8 o'clock in the morning and told her
that they would go to Gusa, Cagayan de Oro City to attend another
"despidida" party and they would just meet at the airport. Accordingly, at
about 12 o'clock noon, she and other private complainants were already at
the Cagayan de Oro City airport but accused spouses were not around. They
stayed at the airport until 5 o'clock in the afternoon but still accused spouses
did not show up. Together with the other private complainants, they
proceeded to Macabalan, Cagayan de Oro City at the house of Arcele and
stayed there until 12 o'clock midnight as she was ashamed of her
neighbours (sic). When she finally got home, she and her family checked the
bag of accused spouses which was left at the house of her mother-in-law
and to their surprise, the bag contained pillows only. Hence, she reported
the incident and upon verification with the POEA she learned that Accused
Spouses were not licensed recruiters.
The prosecution likewise presented Leonardo, the officer-in-charge of the
POEA-Regional Extension Unit-10. At the trial, he issued certifications upon
requests of private complainants Reynalyn, Roselle, Arcele and Norma
certifying that upon verification of their computer database, accused
spouses were neither licensed nor authorized to recruit workers and/or
applicants for employment abroad.
On the other hand, the accused spouses denied the charges against them
and argued that they neither recruited nor promised private complainants
any work in Macau and explained that it was very difficult to find work in
Macau, China unless they have relatives or siblings working there who could
find work for them and who could recommend them to their employers.
Albeit they admitted to be in Cagayan de Oro City sometime in August and
September 2002, yet, they denied being in Cagayan de Oro City sometime
in October and November 2002 as alleged by private complainants. They
admitted that they met private complainants on different occasions while
they were in Cagayan de Oro City as some of them were relatives of accused
Owen but they asserted that they neither offered any work nor required
private complainants to submit any documents and pay any amount for
possible work in Macau. In fact, it was private complainants who requested
them to find work for them in Macau but they turned down their requests as
it was very difficult to find work in said place. They likewise denied having
received any money from private complainants because they were not in
Cagayan de Oro City when the alleged payments were made and as
indicated in the receipts and they further testified that some of the private
complainants were hard up and were incapable of producing the said
amount. They could not think of any reason why private complainants
accused them and filed charges against them except that they turned down
their requests for job placements in Macau, China.[3]
Judgment of the RTC
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/62691
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