initial down payment of P10,000.00 for the processing of papers and visa for Japan where he was
to work as a roomboy in a hotel (Ibid., p. 3-4, Exh. A Pros.). Appellant assured Ilar not to worry
since he would be able to leave for Japan otherwise his money would be refunded (TSN, June 9,
1993, p. 7). Additional amounts were given by Ilar to co-accused Irene Yabut thru her employee
Butch Barrios, namely: P6,000.00, and P4,000.00 for the purpose of processing his papers (TSN,
June 9, 1993, pp. 4-5; Exhs. B and C pros.). On September 26, 1993, Ilar handed over additional
P5,000.00 to the appellant the amount to be used allegedly for the expenses to be incurred for
Ilars training (TSN, June 9, 1993, p. 5; Exh. D pros.). Finally, Ilar was made to sign a one (1)
year contract but he was not furnished a copy of the same (TSN, June 9, 1993, p. 4). Ilar was
scheduled to leave for Japan on October 8, 1993 but this date was postponed allegedly due to
problems (TSN, June 9, 1993, p. 5). The second scheduled date for departure was again
cancelled allegedly due to the necessity of applicants undergoing medical examination (TSN,
June 9, 1993, p. 6). After undergoing the medical examination, Ilar was again scheduled to
depart on December 12, 1992 (Ibid). Prior to the scheduled departure, Ilar checked on Irene
Yabut but she was no longer in her apartelle (Ibid) although he found the appellant who reassured Ilar that he would be able to leave for Japan (TSN, June 9, 1993, p. 7). Sensing
fraudulent practice on the part of the appellant and his co-accused, Ilar verified from the POEA
whether the appellant and his co-accused were authorized or licensed to engage in recruitment
and placement activities. A certification was issued by the POEA stating that the appellant and
co-accused Irene Yabut were neither licensed nor authorized to recruit workers for overseas
employment (TSN, June 9, 1993, p. 6; Exh. E pros). As expected, the last scheduled departure of
Ilar on December 12, 1993 (sic) (1992) did not push through.
In the case of private complainant Mr. Reynaldo P. Claudio, on July 28, 1992, he went to Room
103 P.M. Apartelle, San Juan, Metro Manila, to apply for a job as hotel worker in Japan.
Appellant and co-accused Irene Yabut, introducing themselves as husband and wife, told him
that he could work in Japan provided he paid the fees (TSN, June 15, 1993, pp. 8-9, 26).
Convinced by their assurances, (TSN, June 15, 1993, p. 19) Claudio gave them an initial
payment of P15,000.00 (TSN, June 15, 1993, pp. 9-10; Exhibits A and G pros.). Claudio was
required to undergo training (June 15, 1993, p. 10-11, Exhs. B and H pros.). On August 18, 1992,
Claudio paid P30,000.00 to co-accused Irene Yabut (June 15, 1993, p. 11; Exhs. C and I pros).
On August 21, 1992, Claudio paid another P25,000.00 to the co-accused Irene Yabut (TSN, June
15, 1993, pp. 12, 22; Exhs. J and D pros.). The amounts he paid all in all totalled P70,000.00
which would allegedly be used for the processing of the visa, plane ticket expenses, medical tests
and seminar costs for Claudio and his two (2) brothers (TSN, June 15, 1993, pp. 11, 13). Claudio
was made to sign a recruitment contract but he was not furnished a copy of the same by the
appellant and his co-accused (TSN, June 15, 1993, p. 13). Yabut tried to convince Claudio not to
appear at the preliminary investigation hearing scheduled the next day at the Department of
Justice by refunding to him the amount of the plane ticket already paid for by Claudio. This
proved futile as Claudio appeared at the hearing nonetheless (TSN, June 15, 1993, pp. 14-16).
Claudio was scheduled to depart five (5) times but not one of those scheduled departures for
Japan materialized for purportedly the following reasons: that there was no escort or that the
contract had to be changed or that it was necessary for him to undergo a medical examination
(TSN, June 15, 1993, pp. 18-19). Persistent follow-ups made by Claudio with the appellant and
Yabut at their apartelle went for naught as Claudio was repeatedly told to wait as they were
allegedly doing something about the delay (TSN, June 15, 1993, p. 20).