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processing of their documents for work in Korea. Appellant promised to secure their
visas and employment contracts within three months.
On 30 January 2002, private complainants met with appellant, who was accompanied
by a certain Narcisa Santos, at Wendy's in Arquiza Street, Manila for signing of
contract. However, the names written on the employment contracts were not private
complainants' names. Appellant explained that the contracts were supposedly for other
applicants who sought her services but later backed out. Appellant assured them that
original contracts bearing their names would subsequently be provided. Private
complainants signed the contracts and paid PI5,000 each as their second partial
payment.
On 7 February 2002, private complainants received information that the Criminal
Investigation and Detection Group arrested appellant for illegal recruitment. When
private complainants confronted appellant at the Manila City Hall where she was held,
they demanded the return of their payments amounting to P35,000 each, except for
Marcelino Lejos whose total payment only amounted to P-20,000. Appellant denied the
charges against her and promised them that they would get their money back.
Subsequently, private complainants were able to secure a certification from the
Philippine Overseas Employment Administration (POEA) that appellant was not licensed
to recruit workers for overseas employment.
Another complainant, Lederle Panesa, alleged that in August 2001, she met with
appellant, who offered her work in Korea for a placement fee of P75,000. On 7
September 2001, Panesa gave appellant P15,000 as initial payment. Appellant assured
Panesa that she would be leaving for Korea on the second week of November 2001 and
that the balance of the placement fee could be paid upon her receipt of the visa.
However, after said meeting, Panesa no longer heard from appellant, which prompted
Panesa to visit appellant's office. Appellant informed Panesa that there were no job
openings in Korea at that time. Appellant offered Panesa employment in other countries
such as Malaysia and Palau, but Panesa refused the offer and demanded the return of
her money. Nevertheless, appellant was able to persuade Panesa to wait until
December 2001. Appellant never contacted Panesa thereafter. On 7 February 2002,
Panesa was informed that appellant was apprehended for illegal recruitment. Panesa
proceeded to the Office of the City Prosecutor in Manila, but failed to confront
appellant. It was only then that Panesa learned about appellant not being authorized by
the POEA to recruit workers for overseas employment.
For the defense, appellant was presented as the lone witness. Appellant denied the
charges against her. She testified that she was introduced to private complainants by a
certain Cezar Manonson and that the owner of the office she is renting is her relative.
Private complainants allegedly sought her help regarding possible work in Korea and
that she merely explained the procedure for overseas employment to them. She was
hesitant to help them because she does not recruit workers as she herself was also
applying for work as factory worker through Narcisa Santos. She admitted having
received money from private complainants and issuing receipts for the payments, upon
instructions from Narcisa Santos. She confirmed her signature on the petty cash
vouchers she issued to private complainants, evidencing their payments. She testified
that she gave the payments to Narcisa Santos. However, she admitted that she does
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