6/9/2020
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"In the civil aspect of Criminal Case No. D-12350, D-12349 and 94-00155D, accused is hereby ordered to pay to Jesusa Cabang and Zenaida Lucas,
the sum of P13,500.00 each as reimbursement of placement fees which they
paid to the former, plus temperate damages in the amount of P3,000.00
each for expenses incurred by them in making a collection of their claim.
"Accused is likewise ordered to pay to Cristina Sapigao the sum of
P16,500.00 as reimbursement of placement fees and other expenses she
incurred in pursuing her claim judicially and extra-judicially, plus an
exemplary damage of P5,000.00 which she shall pay to each of the abovenamed complainants.
“SO ORDERED."[2]
Norma Ferrer appealed to this Court raising a number of errors allegedly committed by
the court a quo and assailing, in fine, her conviction on the contention that her guilt
had not been established beyond reasonable doubt.
Appellant would insist that her transactions with private complainants were purely civil
in nature, and that the sums received from them were really "advance rentals" for the
lease of an apartment unit. Private complainants Zenaida Lucas, Cristina Sapigao, May
Liza Corpuz and Jesusa Cabang categorically declared, upon the other hand, that
sometime in March and May 1993, they had sought the help of appellant who,
representing herself to be a labor recruiter, undertook to get them employed in London
as nursing aides. The complainants were required to give their bio-data, pictures and
copies of school transcripts and diploma, as well as to each pay a placement fee of
P13,500.00, to appellant. Private complainants complied by submitting the above
documentary requirements and by paying the solicited fees except for May Liza Corpuz
who, in her case, was only able to hand over P6,800.00 to appellant. The latter issued
the corresponding receipts for the payments.[3]
Appellant assured private complainants that soon they could all leave for London.
Several days passed but the promise failed to materialize. The supposed dates of
departure were postponed several times. Fed up, private complainants firmly asked
appellant if she really could have them employed abroad. Appellant again gave them
verbal assurances. In truth, of course, she was unable to send any of private
complainants for deployment overseas.[4]
Private complainants ultimately demanded from appellant the refund of their payments.
Instead, she gave them promissory notes in exchange for the receipts she had issued.
Except for May Liza Corpuz who was able to recover a part of the amount she had paid,
the rest were unable to recover any sum from appellant despite the latter's incessant
promises to make a refund.[5]
Private complainants thereupon reported the matter to the local police which, in turn,
referred them to the National Bureau of Investigation ("NBI") in Dagupan City. Upon
the advice of the NBI, private complainants obtained from the Department of Labor and
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