help, he advised them to go to the POEA but complainants claimed that they do not know anyone
at said office. He then offered to scout for a recruitment agency in Manila. Accused-appellant
accompanied complainants to Steadfast Recruitment Agency in Manila and introduced them to a
certain Marilyn Pagsibigan, Marketing Manager of the agency. He came to know about the
agency through a friend in Manila, one Ernesto Sy. He denied collecting placement fees from the
complainants and claimed that his signatures on the receipts had been forged. He also claimed
that on June 27, 1994, he was at the Gallaos Optical Clinic to collect the payment for the
betamax player which Bacasnot had previously ordered and which accused-appellant had
delivered a week earlier. Bacasnot told accused-appellant that Eliw wanted to buy the betamax
player for P10,000.00. As Eliw had only P1,500.00, accused-appellant at first refused to accept
the payment. When Eliw assured him she would pay the balance, accused-appellant finally
agreed to receive the payment. As accused-appellant received the money, he was nabbed by NBI
agents who identified themselves and asked accused-appellant to go with them to the NBI office.
He was later charged with illegal recruitment.25[25]
On November 23, 1994, the trial court rendered its decision convicting accused-appellant of
illegal recruitment committed in large scale and of seven counts of estafa. The dispositive
portion of its decision reads:26[26]
WHEREFORE, the Court finds and declares the accused BENZON ONG y SATE
alias Benz Ong, guilty beyond reasonable doubt of the crime of illegal recruitment
in large scale as charged in Crim. Case No. 13146-R and hereby sentences him to
suffer life imprisonment, to pay a fine of P100,000.00, without subsidiary
imprisonment in case of insolvency; and to pay the costs.
The Court also finds and declares the same accused BENZON ONG y SATE,
alias Benz Ong, guilty beyond reasonable doubt of the crime of estafa on seven
counts and hereby sentences him:
(a) In Crim. Case No. 13147-R, to suffer an indeterminate penalty
of FOUR (4) YEARS and TWO (2) MONTHS of prision
correccional, as minimum, to NINE (9) YEARS of prision mayor,
as maximum; and to pay the costs;
(b) In Crim. Case No. 13148-R, to suffer an indeterminate penalty
of FOUR (4) YEARS and TWO (2) MONTHS of prision
correccional, as minimum, to NINE (9) YEARS of prision mayor,
as maximum; and to pay the costs;
(c) In Crim. Case No. 13150-R, to suffer an indeterminate penalty
of FOUR (4) YEARS and TWO (2) MONTHS of prision
25[25]
TSN (Benzon Ong y Sate), pp. 2-15, Oct. 17, 1994.2
26[26]
Rollo, pp. 38-39.