Jerry Akia, 28-year-old complainant in Criminal Case No. 12357-R and Criminal Case
No. 12359-R, corroborated the testimony of Alice Kimay. Like the rest of the group, he
also met with appellant at the Leisure Lodge in Baguio City. Along with his application
for an electrician job in Saudi Arabia, he handed over to appellant five thousand pesos
(P5,000.00) in partial payment of the required placement fee. Jerry later paid the
balance of ten thousand pesos (P10,000.00) in appellants office in Guadalupe, Makati,
Metro Manila. The receipt for the first payment was turned over to him only on 02
January 1993.vii[7] The receipt for the second installment was unfortunately lost by his
father. Appellant did not live up to his promise to send Jerry abroad despite his
submission of all required documents.
Aaron John Acena, 24-year-old complainant in Criminal Case No. 12357-R and Criminal
Case No. 12362-R, came to know appellant, through Alice Kimay. He too went to see
appellant at the Leisure Lodge in Magsaysay Avenue, Baguio City. The placement fee
in his case was pegged at eighteen thousand pesos (P18,000.00). On 08 January 1993,
Aaron went with Alice to see appellant in his office in Guadalupe, Makati, where he paid
the amount of eighteen thousand one hundred seventy pesos (P18,170.00).viii[8] Aaron
was thereupon told by appellant to follow up his flight booking with the Philippine
Airlines. Aaron, indeed, was twice booked with the airline company, the first on 11
January 1993 and the second on 14 January 1993 but that was just about all. His
departure for abroad never materialized. In the meantime, Aaron stayed with appellant
in Pateros until March 1993. After a long wait and numerous follow-ups, Aaron decided
to return to Baguio City. Ultimately, Aaron, along with the other complainants went to
the POEA office in Baguio City and filed their complaint against appellant. After his
arrest, appellant, his wife and his brother talked with Aaron about possibly settling the
case.
The prosecution submitted a certification,ix[9] dated 22 November 1993, issued by Jose
D. Matias, Attorney II, of the POEA Regional Extension Unit in Baguio City, to the effect
that ELVIS SANCHEZ per existing and available records from (the) Office is not
licensed nor authorized to recruit workers for overseas employment in the City of
Baguio or any part of the Region. Matias attested in open court to the veracity of the
certification.
Testifying in his defense, appellant denied having tried to recruit complainants for
overseas employment. He asserted that he was not in Baguio City, let alone billeted in
Leisure Lodge, during the period from October to December 1992. He said that his
mother, Eutropia Sanchez, was at the time confined at the Philippine Heart Center
whom he had to visit daily. He did meet complainants Alice Kimay, Jerry Akia and Aaron
John Acena some time in September or October 1992 when they requested him to
allow them to stay overnight at his house in Hermoso, Pateros, Metro Manila. After that,
appellant saw complainants only during the interment of his mother. To help establish
his claim that he was not billeted at the Leisure Lodge during the last quarter of 1992,
appellant presented Caroline Castillo, hotel operations manager of Prime Hotel, who
submitted to the court the hotel registry book for the period of October to December
1992.x[10] Caroline was connected with Leisure Lodge from 1986 up to May 1992 after