SECOND DIVISION
[G.R. No. 135382. September 29, 2000]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. LOURDES
GAMBOA alias Des or Lourdes Gamboa y Golfe, BONIFACIO
MIOZA (at large), MELBA MIOZA alias Melba, Eva Mioza (at large)
and GLORIA SARMIENTO (at large), accused.
LOURDES GAMBOA alias Des or Lourdes Gamboa y Golfe, accusedappellant.
DECISION
BELLOSILLO, J.:
This is an appeal from the Partial Decision of the Regional Trial Court finding
accused LOURDES GAMBOA alias Des or Lourdes Gamboa y Golfe guilty of Illegal
Recruitment in Large Scale under RA 8042, otherwise known as The Migrant Workers
and Overseas Filipinos Act of 1995, and imposing upon her life imprisonment and a fine
of P500,000.00.[1]
From March 1996 to August 1997 the four (4) accused led by Bonifacio Mioza and
Melba Mioza promised overseas employment for a fee to complaining witnesses
Marissa Balina, Anna Marie Pili, Romulo Macaraeg, Ernesto Magadan, Domingo
Magadan, Jr., Roger Castro and Nemia Beri. The accused were then holding office at
Room 302, Ermita Building, Arquiza St., Ermita, Manila, where they conducted most of
their recruitment activities. To entice complainants the accused represented to them
that they were affiliated with Bemil Management Trading and Manpower Services, a
duly licensed recruitment agency, and that they had the capacity to send workers to
Taiwan, Brunei and Japan. Thus, on different dates, complainants went to the office of
the accused and filed their applications together with their NBI Clearances, pictures and
other supporting documents. The accused then collected from them placement fees: (a)
Marissa Balina, P40,000.00, (b) Anna Marie Pili, P40,000.00, (c) Romulo
Macaraeg, P25,000.00, (d) Ernesto Magadan, P20,000.00, (e) Domingo Magadan,
Jr., P20,000.00, (f) Roger Castro, P24,000.00, and (g) Nemia Beri, P10,000.00, in
addition to P900.00 for medicare and P70.00 for Pre-Departure Orientation Seminar
(PREDOS).
However, despite the promises and assurances made by the accused, not one of
the complainants was deployed for employment abroad, nor were they able to recover
the money they paid to the accused. Hence, complainants lodged separate complaints