SECOND DIVISION
[G.R. No. 150530. February 20, 2003]
PEOPLE
OF
THE
PHILIPPINES, plaintiff-appellee, vs. ALEX
BAYTIC, accused-appellant.
DECISION
BELLOSILLO, J.:
ALEX BAYTIC appeals from the decision of the Regional Trial Court of Quezon
City finding him guilty of illegal recruitment in large scale and sentencing him to life
imprisonment and to pay a fine of P500,000.00. Accused is further ordered to reimburse
complaining
witnesses
Ofelia
Bongbonga,
Millie
Passi
and
Nolie
Bongbonga P3,500.00, P4,000.00 and P4,000.00, respectively, representing the
amounts fraudulently taken from them.
[1]
On 24 September 1998 Kennedy Hapones accompanied by accused Alex Baytic
went to the house of his aunt Ofelia Bongbonga at 514 Tabigo Street, Manggahan,
Quezon City. There they found Ofelia, Nolie and Zenaida, all surnamed Bongbonga,
together with Millie Passi, Yolanda Barrios and Elvira Nacario. Accused Alex Baytic told
the girls that he was looking for workers willing to work in Italy as utility personnel.He
explained that interested applicants should give him money for processing of their
medical certificate, certificate of employment and other travel documents. Since the
offer appeared to be a good opportunity to work abroad, Ofelia Bongbonga on the same
day gave the accusedP3,500.00, followed by Millie Passi with P4,000.00 the next day,
and Nolie Bongbonga with P4,000.00 on 5 October as their placement fees.All these
transactions were evidenced by receipts issued by accused Alex Baytic.
According to private complainant Ofelia Bongbonga, accused Baytic promised her
and her two (2) co-applicants an interview by his cousin, a doctor from Italy, on 7
October 1998 at the Corinthian Gardens. However, on the appointed date of their
interview, the accused failed to appear. Ofelia, Millie and Nolie frantically searched for
him but he was nowhere to be found. Ofelia further testified that sometime in January
1999 they heard over the radio that accused Baytic was arrested in Pasig City for illegal
recruitment activities. Upon inquiry from the radio station, she learned that the accused
was already detained at the Pasig Provincial Jail, so she followed him there. Thereafter,
she and her two (2) other companions, Millie and Nolie, who were likewise victimized by
the accused filed the instant case against him.
On the witness stand, both private complainants Millie Passi and Nolie Bongbonga
corroborated the testimony of Ofelia Bongbonga on every material point. In particular,
Millie Passi recounted that she was also enticed to part with P4,000.00 when Baytic