September 1993 when appellant was again apprehended by agents of the NBI. At her
instance, the trial court reopened the case to accord appellant the opportunity to present
her defense. Appellant presented as evidence an alleged affidavit of desistance which
contents and due execution were, however, repudiated and disclaimed by private
complainant Reynaldo Jugo, the alleged affiant thereof (TSN, February 8, 1994, pp. 1921)."iv[4]
The defense had its own version. Counsel Felixberto C. de la Cruz, joined by Atty. Ma.
Soledad Derquito-Mawis, recited what the defense considered to be the brief factual
settings of the three cases.
"At the time of the commission of the acts complained of, appellant Ma. Lourdes
Bautista de Guiang was a licensed contractor of a low-cost housing project earning a
monthly net income of P50,000.00 to P70,000.00 (Exh. 3; pp. 17-19, tsn. Feb. 8, 1994).
Prior thereto, she operated business under the name LGB Enterprises and General
Services, earning P10,000.00 to P15,000.00 a month (Exh. 2; p. 2, tsn. Feb. 22, 1994).
She had never been engaged in the processing of travel documents in recruitment basis
(p. 5, tsn., Feb. 8, 1996).
"On the other hand, private complainants, namely: Reynaldo Jugo, Jose Jugo and
Rosita are brothers and sister (p. 6, tsn., Aug. 18, 1996).
"Sometime in 1991, appellant and one Alberto Maclang went to Nueva Ecija to get the
harvested rice of the latter. When they were about to return to Manila, Maclang decided
to visit his friend and compadre Reynaldo Jugo. During this visit, Maclang and Reynaldo
Jugo talked about the latter's lost passport and visa. Reynaldo Jugo asked Maclang
how he could retrieve said travel documents which were never returned to him when he
applied in the Japanese Embassy. Maclang, in turn, asked appellant if she could help.
Appellant replied that she will try her best through the help of a certain Mr. Salazar, her
friend in the Japanese embassy. Since Reynaldo Hugo had no money at that time, he
promised to leave his stainless jeep if she could cause the re-issuance of his lost
[passport] and visa, subject to redemption upon his return from Japan (pp. 3-6, Feb. 8,
1994).
"Subsequently, Maclang, introduced appellant to Jose Jugo who was also interested in
applying for a tourist visa for Japan. Thereafter, Reynaldo Jugo, Jose Hugo and Rosita
Jugo directly transacted business with Mr. Salazar for the issuance of their tourist visas
(p. 8, tsn., Feb. 8, 1994). In the course of the Jugos' transaction with Mr. Salazar,
appellant received a call from Mr. Salazar informing her that the Jugos were going to
pay P40,000.00 for the processing of their passports and visas. Appellant received the
said amount from the Jugos but turned over the same to Mr. Salazar without a receipt
(pp. 8-16, tsn., Feb. 8, 1994).
"Reynaldo Jugo and Jose Jugo received their respective passports and tourist visa but
were found to be fake. Appellant was thus arrested and subsequently charged of illegal
recruitment and estafa on two counts.