People vs Pabalan : 115350 : September 30, 1996 : J Regalado : Secon... http://sc.judiciary.gov.ph/jurisprudence/1996/sept1996/115350.htm Employment Administration (POEA) to the effect that he was not licensed or authorized by the [12] Administration to recruit workers for overseas employment. However, he anchored his defense on a total denial of the illegal acts imputed to him. Appellant contended that he was never engaged in illegal recruitment when he dealt with Barrera and Luciano, and that he had no transaction whatsoever with Garcia. [13] In his testimony in the lower court, appellant claimed that he first met Barrera and Luciano in the last week of April, 1993 when the duo came to his house with a letter from a former mayor of Arayat requesting him to help them get tourist visas for Japan. They told him that they wanted to go to Japan as tourists. Knowing that it was hard to get a tourist visa at the Japanese Embassy, he advised them to first go to Saipan and then proceed from there to Japan. He explained that it was easy to go to Japan through Saipan because foreigners who stay in Saipan for one week can enter Japan as transit passengers for seventy-two hours and secure short pass visas for their use. After the two had gotten their passports, appellant accompanied them to the Philippine Travel Agency at Ermita, Manila to buy their round-trip airplane tickets for Saipan. Appellant also bought a ticket for himself because he allegedly had a friend in Japan whom he wanted to visit. In Saipan, they stayed at the MMF Hotel for seven days and paid for their own expenses. It was also in Saipan where they bought their tickets for Japan. Upon entering Japan, however, they were brought to the Narita rest house immigration jail. They were denied short pass visas because of tight security in connection with the preparations for the wedding of the Emperors son. Subsequently, they were expatriated from Japan. Appellant, on the other hand, claimed that it was only in Saipan that he met Garcia and disclaimed having promised a job to the latter. He further denied having received any money from complainants, but admitted that the signatures in the receipts are his. After joint trial duly conducted, the lower court found appellant guilty of all the charges and rendered the following judgment: WHEREFORE, finding accused Restituto Pabalan y Calilong: CRIMINAL CASE NO. 3089-V-93 Guilty beyond reasonable doubt of Illegal Recruitment (in) large scale, he is hereby sentenced to suffer the penalty of RECLUSION PERPETUA and to pay a fine of ONE HUNDRED THOUSAND PESOS (P100,000.00) and the costs of suit. CRIMINAL CASE NO. 3090-V-93 Guilty beyond reasonable doubt of Estafa defined and punished under Article 315 (2) (a) of the Revised Penal Code, he is hereby sentenced to suffer an indeterminate imprisonment from EIGHT (8) YEARS and ONE (1) DAY of Prision Mayor, as minimum, to FOURTEEN (14) YEARS of Reclusion Temporal, as maximum, with the accessory penalties prescribed by law and to pay the costs. The accused is hereby ordered to pay the offended party the sum of P89,000.00. CRIMINAL CASE NO. 3091-V-93 Guilty beyond reasonable doubt of Estafa defined and punished under Article 315 (2) (a) of the Revised Penal Code, he is hereby sentenced to suffer an indeterminate imprisonment from SIX (6) YEARS of Prision Correccional, as minimum, to TWELVE (12) YEARS of Prision Mayor, as maximum, with the accessory penalties prescribed by law and to pay the costs. 4 of 10 1/20/2016 1:00 PM