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Falcasantos, stayed in their house for 10 to 15 minutes only. Carol came back to the
house a few days later on February 2 at around 8:00 in the morning to "get the
envelope for the candidacy of her daughter." Jasmine did not elaborate.
Jasmine denied that she knew Nancy Araneta or Lourdes Modesto. She denied that the
accused conducted recruitment. She claimed she did not see Carol distribute bio-data
or application forms to job applicants. She disclaimed any knowledge regarding the
P2,000 application fee.[15]
The other defense witness, Ernesto Morales, a policeman, merely testified that the
accused stayed in their house in No. 270 Tugbungan, Zamboanga City, for four (4) days
before her arrest, although she would sometimes go downtown alone. He said he did
not notice that she conducted any recruitment.[16]
On May 5, 1995, the trial court rendered a decision convicting the accused, thus:
WHEREFORE, in view of all the foregoing consideration[s][,] this Court finds
the accused Carol dela Piedra alias Carol Llena and Carol Figueroa guilty
beyond reasonable doubt of Illegal Recruitment committed in a large scale
and hereby sentences her to suffer the penalty of LIFE IMPRISONMENT and
to pay a fine of P100,000.00, and also to pay the costs.
Being a detention prisoner, the said accused is entitled to the full time of the
period of her detention during the pendency of this case under the condition
set forth in Article 29 of the Revised Penal Code.
SO ORDERED.[17]
The accused, in this appeal, ascribes to the trial court the following errors:
I
WITH DUE RESPECT, THE LOWER COURT ERRED IN NOT FINDING SEC. 13
(B) OF P.D. 442[,] AS AMENDED[,] OTHERWISE KNOWN AS [THE] ILLEGAL
RECRUITMENT LAW UNCONSTITUTIONAL.
II
WITH DUE RESPECT, THE LOWER COURT ERRED IN NOT HOLDING THAT THE
APPREHENDING TEAM COMPOSED OF POEA AND CIS REPRESENTATIVES
ENTERED INTO [sic] THE RESIDENCE OF JASMIN[E] ALEJANDRO WITHOUT
ANY SEARCH WARRANT IN VIOLATION OF ARTICLE III, SECTION 2 OF THE
PHILIPPINE CONSTITUTION, AND ANY EVIDENCE OBTAINED IN VIOLATION
THEREOF, SHALL BE INADMISSIBLE FOR ANY PURPOSE IN ANY
PROCEEDING AS PROVIDED UNDER ARTICLE III, SECTION 3, (2) OF THE
SAME CONSTITUTION;
III
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/49893
6/20