People vs Luto : 113344 : July 28, 1997 : J. Vitug : First Division 2 of 6 http://sc.judiciary.gov.ph/jurisprudence/1997/jul1997/113344.htm Rec.). Among the victims of the illegal recruitment was Marina Parto, who testified that on July 3, 1989 she went to the house of Nenita Convucar at 1938 Jorge Bacobo St., Manila during which occasion, the latter introduced him to appellant and Santos who were recruiting workers for abroad (p. 5, TSN, May 9, 1990). She was interviewed by Santos and was told that she was qualified for the position of export assistant. She was told to pay P5,000.00 processing fee and P10,000.00 for plane ticket so she can be deployed to Singapore (p. 6, TSN, Ibid.). On July 11, 1989 Parto paid P5,000.00 to Francisco 'Paco' Santos for which a typewritten receipt in the stationary of DRACO International Distributing was issued duly signed by Paco Sta. Maria (pp. 6-7, TSN, May 9, 1990; Exh. 'A' p. 191, Rec.). On July 21, 1989, Parto paid another P2,000.00 to Paco Sta. Maria and the balance of P8,000.00 was paid to Convucar upon instruction of Santos. These payments were covered by receipt issued by Convucar dated July 26, 1989 (Exh. 'B', p. 192, Rec.; pp. 7-8, TSN, Ibid.) An employment contract (Exh. C, p. 193, Rec.) between Parto and Draco International Distributing was duly entered into with appellant and Convucar as witnesses (Exh. 'C', 6, p. 195, Rec.; p. 10, TSN, Ibid.). After the contract signing, Parto was told she would leave for employment after a week, but which never became a reality. Parto, when verified with the Philippine Overseas Employment Administration (POEA) whether Santos and appellant were authorized to recruit only to find out they were not (p. 12, TSN, Ibid.). "On August 1, 1989, Rebecca S. Estrella, also applied as factory worker for overseas employment with Draco International at the prodding of two other applicants namely Aguilana Mercado and Teresita Jose (p. 3 & 7, TSN, May 22, 1990). At the recruitment office, Estrella met appellant and Convucar who received her application. Upon submission of her application, she was asked by appellant to 'produce money' in the amount of P5,000.00. Initially she gave P1,500.00 to appellant and Convucar (pp. 7-8, TSN, Ibid; Exh. 'E' p.198, Rec.). On August 25, 1989, Estrella paid additional P3,500.00 to Convucar (pp. 3-4, Ibid; Exh. 'F', p.199, Rec.). Estrella was promised by Santos and appellant that she would leave for abroad after three months, but that promise was never fulfilled (p. 5, TSN, Ibid.).[4] The frustrated applicants for overseas work finally went to the Western Police District to complain against Luto, Santos and Convucar.[5] Convucar turned witness against her business partners Luto and Santos. The defense, on its part, placed at the witness stand the accused themselves; no other witnesses were presented. The following narration was their version of the case. A bookkeeper by profession, Santos had been engaged in the export and import business for ten consecutive years. His office was in Lagos, Nigeria, although, before his arrest, he likewise had an office in Makati. Luto was never associated with him in business, let alone, in the recruitment of workers. Luto was introduced to Santos in 1972 by the manager of the Manzano Cottage Industry at the Araneta Center in Cubao, Quezon City. Santos was one of the frequent buyers at the Manzano Cottage Industry. Santos went to see Luto on the occasion of the latter's birthday in 1979. Santos asked Luto to allow him (Santos) and his wife to stay in Luto's house in San Mateo, Rizal. Luto agreed, and the couple stayed in his house until Santos wife gave birth. At one time in 1984, Luto and Santos ran into each other in Cubao, and the two sat down for a cup of coffee. Luto learned that Santos had become a "real businessman" with an office in Tuazon, Sampaloc, Manila.[6] Luto accepted the offer of Santos to be a "part-time messenger" in the latters export and import business. Luto held on until December 1984.[7] In June 1989, Luto met Nenita Convucar through a certain Jose Moran, husband of a Manila councilwoman, in one of the restaurants at the City Hall. In his second meeting with Convucar in her house at 1938-A J. Bocobo, Malate, Manila, in June of 1989, Luto was asked to help look for a foreign principal or employer so that Moran's son could be "deployed" for work abroad. Luto recommended Santos to her. On 24 June 1989, Luto, Santos and Convucar met at the Aristocrat Restaurant in Cubao. In the meeting, Santos and Convucar agreed that the latter would "recruit, 1/24/2016 9:43 PM