Baby Tan for which he was given a receipt indicating his payment in two installments. The first
payment was for $1,000.00 which, at the prevailing rate of exchange at the time, was equivalent
to P26,320.00. Then, on February 25, 1992, he again paid P18,680.00 to Baby Tan. Present on
both days were accused-appellant and Toto Bellosillo. On March 3, 1992, Tamares and seven
other persons left for Hong Kong. Although he wanted to work in Korea, he was told by
accused-appellant that Korea had become strict in enforcing immigration laws. Tamares and his
group were met in Hong Kong by Baby Tan. The following day, accused-appellant arrived and
took them to Macao where they were made to wait for two weeks. However, after two weeks,
there was still no work for them. Tamares, therefore, returned to the Philippines. Upon inquiry at
the Philippine Overseas Employment Agency (POEA), Tamares learned that accused-appellant,
Baby Tan, and Toto Bellosillo had no license to recruit. Tamares and his companions filed a
complaint at Police Station No. 5 and gave their statements. Tamares said that a lawyer of
accused-appellant offered to pay him P20,000.00.vii[7] On cross-examination, he said that
accused-appellants friend, Aling Amor, made him sign a waiver just as he was about to depart
from the airport.viii[8]
Domingo Baetiong likewise testified. He was also accompanied by Ricky de los Santos to
accused-appellants house, where he accomplished an application form given to him by accusedappellant. Baetiong was told that he could have a job as factory worker in Macao for which the
monthly salary was $500.00. Initially, he paid to accused-appellant and his wife P40,000.00, for
which he was given a receipt. Later on, at the airport, Baetiong paid P10,000.00 to accusedappellant. No receipt was issued for this amount. On March 5, 1992, Baetiong and his
companions were taken to Hong Kong and from there to Macao. After eleven (11) days he
became impatient and returned to the Philippines as there was no job available. Baetiong
proceeded to the Police Precinct and filed a complaint against accused-appellant. He said on
cross-examination that he too was made to sign a waiver, which he was not able to read because
he was hurried to do so at the airport.ix[9]
Ignacio Rivera, Baetiongs brother-in-law, was likewise presented by the prosecution. He testified
that he met accused-appellant Vicente Mercado at the latters house in February 1992. He was
assured of a job as a factory worker in Macao at a monthly salary of $500.00. Ignacio later went
back to the office and paid P40,000.00 to Quinses Bellosillo. No receipt was issued as according
to Quinses Bellosillo, only Baby Tan was authorized to issue receipts and she was in Hong
Kong. Ignacio testified that he was present when accused-appellant was arrested by policemen in
April 1992 and that he also executed a sworn statement against accused-appellant Vicente
Mercado.x[10]
Jocelyn Turla, Senior Labor Employment Officer of the POEA, was presented in court. Her
testimony was dispensed with as the parties stipulated that accused-appellant Vicente Mercado
did not have a license to recruit workers for jobs abroad.xi[11]
Accused-appellant testified in his defense. He denied that he was engaged in the recruitment
business. He said his business was buying and selling Ready-To-Wear clothes (RTW). On crossexamination, he explained that, as manager of the business, he went to Macao three times a year
to import RTWs because it was cheaper to buy them there. He claimed that he had a residence in
Macao. He admitted he saw all the complainants in Macao on different dates.xii[12] He further