WHEREFORE, finding the evidence of prosecution, more than sufficient to prove the
guilt of accused, Rhodeline Castillon y Lozada of the offense charged, pursuant to Art.
38 in relation to Art 39(a) of PD No. 442, [the] New Labor Code as amended by PD No.
2018 [, the] accused, Rhodeline Castillon, is sentenced to suffer a penalty of life
imprisonment and to pay a fine of P100,000.00, in favor of government.
Moreover, pursuant to Art. 100 in relation to Art. 104 of the Revised Penal Code,
covering civil indemnity, [the] accused is ordered to pay each of the complainants, Emily
Perturbos, Nelia Perturbos, Maria Dahlia Acol, [and] Clemencia Bula-ag, the amount of
P4,000.00 received by [the] accused, in consideration of her aborted promise[s], to
secure employment of complainants abroad.iv[4]
The Facts
Version of the Prosecution
The solicitor general summarized the prosecutions version of the facts as follows:
On November 12, 1994, Emily Perturbos met Rhodeline Castillon at the Magsaysay
Park, Davao City (TSN, March 20, 1995, pp. 3-4). Castillon invited and convinced
Perturbos to work with her as factory worker in Malaysia (ibid, p. 4). Perturbos accepted
her offer because Castillon promised that she would take care of the necessary papers
for her (Ibid). Castillon told Perturbos that P8,000.00 would [cover] the processing and
placement fees (ibid). Castillon asked from Perturbos P4,000.00 as partial payment
therefor (Ibid.).
On November 14, 1994, Perturbos gave Castillon P4,000.00 at the Traders Inn,
Uyangoran, Davao City, where Castillon had checked in (Ibid, pp. 4, 5 & 7). Thereafter,
Perturbos again gave Castillon P4,000.00 (Ibid, pp. 5-6).
Castillon promised Perturbos that she would leave for Manila on December 26, 1994,
where they would get their tickets for Malaysia.
Castillon was also able to recruit Nelia Perturbos, Maria Dahlia Acol and Clemencia
Bala-ag by making the same promise , and she asked from them P4,000.00 each as
partial payment for the processing and placement fees (TSN, March 28, 1995, pp. 4-8,
17-20 & 27-30). They paid Castillon P4,000.00 each in their desire to work abroad
(Ibid).
When December 26, 1994 came, Castillon, informed her recruits that they would leave
for Manila on January 2, 1995, instead (Ibid; March 20, 1995, p. 7). But when January 2,
1995 came, Castillon failed to show up (Ibid.).
Nelia Perturbos inquired from the Philippine Overseas Employment Administrations
whether she had a license to recruit overseas worker[s] (Ibid, March 28, 1995, p. 25). In
response, the POEA issued a certification declaring that Castillon had no license to
recruit overseas workers (Ibid; Exhibit A).