6/9/2020
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16.
Luisito Vargas y Quizon
without first securing the required license or authority from the Department
of Labor and Employment.
Contrary to law."[2] (Emphasis supplied.)
Accused Garcia and Botero pleaded not guilty upon arraignment on January 19, 1993
and March 31, 1993, respectively. Miraples remained at large as the warrant of arrest
against her was returned unserved. A joint trial was conducted against the two (2)
accused considering that their cases involve the same parties and issues.[3]
Six (6) out of the sixteen (16) complainants testified as prosecution witnesses.[4] These
complainants were Edgardo Belen, Gloria Silaras, Alfredo Estinoso, Jose Erwin Esclada,
Elsa Delubio and Ariel Rivada. They testified that on various dates in March 1992, they
went to Ricorn Philippine International Shipping Lines, Inc. (hereinafter Ricorn), an
entity which recruits workers for overseas employment, with office at Rm. 410, Jovan
Building, 600 Shaw Blvd., Mandaluyong, Metro Manila. They applied as seamen, cook,
waiter, chambermaid or laundrywoman overseas.[5] Esclada applied to accused Botero.
All the other complainants coursed their application to accused Garcia who represented
himself as president of Ricorn.[6] Complainants were required to submit their NBI and
police clearance, birth certificate, passport, seaman's book and Survival of Life at Sea
(SOLAS).[7] As they did not have the last three (3) documents, they were asked to pay
five thousand pesos (P5,000.00) as processing fee. They paid to Ricorn's treasurer,
Luisa Miraples.[8] They were issued receipts signed by Miraples. The receipts were
under Ricorn's heading.[9]
Garcia and Botero assured complainants of employment after the May 11, 1992
election. Accused Botero, as the vice-president of Ricorn, followed-up their passports,
seaman's book and SOLAS. He told some applicants to wait for their papers and
informed the others that their papers were in order.
After the election, complainants went back to Ricorn to check on their applications.
They discovered that Ricorn had abandoned its office at Jovan Building for nonpayment of rentals.[10] Hoping against hope, they went back to the building several
times to recover their money. Their persistence was to no avail for Garcia and Botero
were nowhere to be found. They then went to the Mandaluyong Police Station and filed
their complaints.[11] They also checked with the Securities and Exchange Commission
(SEC) and discovered that Ricorn was not yet incorporated. They also found that Ricorn
was not licensed by the Department of Labor and Employment (DOLE) to engage in
recruitment activities.[12]
Accused Garcia testified that he is an electrical engineer by profession. According to
him, the group of Teresita Celso, Patricio Botero, Alice Mayonte, Luisa Miraples and
Edna Hemolaga approached him at a baptismal party to join Ricorn. He was asked to
contribute one hundred thousand pesos (P100,000.00). He told them he would borrow
the money from his brother in the United States.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/34714
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