People vs Pabalan : 115350 : September 30, 1996 : J Regalado : Secon...
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http://sc.judiciary.gov.ph/jurisprudence/1996/sept1996/115350.htm
Pampanga. Appellant told him that he could send him abroad and promised him a job in a
construction company in Japan. On that assurance, Barrera gave an initial amount of P2,000.00
on that same day to appellant for the processing of his passport. Thereafter, he gave another
P5,000.00 on May 15, 1993. On May 19, 1993, Barrera went to appellants residence in Marulas,
Bulacan and gave him P20,000.00 for the airplane ticket for the trip to Japan. These three
amounts were covered by a receipt for P27,000.00 breaking down the expenses as follows:
[7]
services rendered, round-trip plane ticket, travel tax and hotel reservations.
Appellant subsequently explained to Barrera that they would have to use Saipan as an entry
point to Japan. Accordingly, Barrera gave appellant $500.00 as an additional payment for the
plane ticket to Saipan.
Accompanied by appellant, he and other job-seekers were able to reach Saipan where they
stayed for six days in a hotel. In Saipan, Barrera gave appellant another $2,000.00, supposedly
required as show money attesting to his financial capacity, in order to obtain an airplane ticket to
Japan. They were able to reach Japan but were detained immediately upon arrival for want of a
job order to work in that country. On the following day, they were sent back to the Philippines.
Back in this country, appellant kept on assuring Barrera that he would send him back to
Japan, but nothing materialized from his promises. Barrera disclosed to the court that he only
borrowed money and mortgaged his land to raise the necessary amounts demanded by
appellant.
[8]
that he met appellant on May 9, 1993 in Lacmit, Arayat,
Henry Luciano testified
Pampanga through his cousin, June Barrera. Appellant told him that he could arrange
employment for him abroad for P100,000.00 and once he shall already be working, he should
give him an additional P20,000.00. To start the processing of the documents needed for his
[9]
travel, Luciano gave P3,500.00 to appellant.
Then on May 19, 1993, in the company of his
cousin, Luciano gave P28,900.00 to appellant for the following expenses services rendered,
[10]
round-trip plane ticket, travel tax and hotel reservations.
Then, on May 27, 1993, he gave
P12,000.00 more to appellant as additional payment for his airplane ticket.
Luciano, appellant and other job-seekers left Manila for Saipan on June 2, 1993 and stayed
in said territory for six days. In Saipan, Luciano again gave $2,000.00 to appellant for his
airplane ticket to Japan. However, upon reaching Japan, they were detained by the immigration
officers at the airport in Narita because they had no working visas. After staying overnight in a
detention house, they were deported to the Philippines.
Just like his cousin, Luciano declared that he had borrowed money and mortgaged his land
just to raise the amount needed for his placement overseas.
[11]
Manuel Garcia testified
December 3, 1993, 2-10.11 that he was introduced by a friend to
appellant sometime in March, 1993. Appellant promised him in that meeting that he could get
him a job abroad. On April 3, 1993, Garcia gave P26,000.00 to appellant as payment for the
latters services in finding him employment overseas.
Together with Barrera, Luciano, one Emerito Isip, one Aquilino Espino, Jr., and appellant
himself, Garcia left the Philippines for Saipan sometime in June of that year. In Saipan, he gave
an additional $1,600.00 to appellant as requested by the latter. Thereafter, upon instructions of
appellant, he and Espino left one day ahead of the group in going to Japan. Just like the
misfortune that would befall their other companions, the two were apprehended upon reaching
the airport in Japan and were later deported to the Philippines.
It is undisputed that appellant was not qualified to recruit workers. He admitted the
authenticity and due execution of the certification issued by the Philippine Overseas
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