In all these cases, accused-appellant represented to the applicants that she was hiring on a direct
basis and that their papers would be processed within a period of three (3) months. She promised
that they would be deployed for overseas employment by May of 1993. She failed. Repeated
follow-ups were made by the applicants, but in vain. Without the knowledge of the applicants,
accused-appellant even transferred her residence to Asin Road.
The applicants waited to be deployed for overseas work up to October 1993. As they could no
longer find accused-appellant, they reported their plight to the office of the POEA in Baguio.
They learned that accused-appellant was not a licensed recruiter.viii[8] They obtained a
certificationix[9] to this effect which was issued by Jose D. Matias.x[10] They then executed a
joint affidavitxi[11] for the prosecution of accused-appellant. The cases were filed on October
1993.
After the cases were filed, accused-appellant was able to pay the applicants some of their
monies. Bakian was paid the amount of one thousand five hundred pesos (P1,500.00) and three
hundred dollars ($300) through Naty Oasan. Bayani was paid her money through Virginia
Bakian. Sotero was paid a check in the amount of seven thousand pesos (P7,000.00). Juan was
also paid by check the amount of five thousand pesos (P5,000.00).
A warrant for the arrest of accused-appellant was issued on November 5, 1993. It was returned
unserved as she could no longer be located in Baguio. An alias warrant was issued for her arrest
at Dimasalang, Manila where she reportedly transferred.xii[12] She was not likewise located in
the said place. Thus, her cases were archived. It was only on April 11, 1996 that accusedappellant was arrested at Asin Road, San Luis, Baguio City.
Accused-appellant denied the charges. She said that she was an agent of Dynasty Travel Agency
and that her work involved only the processing of papers for tourist visa. She denied recruiting
the applicants for overseas employment. She pointed to Magdalena Bolilla as the one who
promised the applicants overseas employment.
She declared that Virginia Bakian was introduced to her by Bolilla. Bolilla was helping Bakian
to travel in Canada as a tourist. She merely helped Bakian prepare her papers for travel. She
further said that the four hundred fifty dollars ($450) that Bakian paid was for her professional
fee. This was given to her not by Bakian but by Bolilla. She clarified that Bolilla only gave her
three hundred dollars ($300.00). She, however, stopped processing the papers of Bakian after
Bolilla told her that the husband of Bakian did not want her to go abroad anymore. Thus,
accused-appellant returned the three hundred dollars ($300) to Bolilla. Months later, she learned
that Bolilla went to Texas.xiii[13]
She said that Bayani, who also wanted to go to Canada, was accompanied to her residence by
Bolilla. Accused-appellant specified to her the requirements needed and promised the return of
her money in case she would not be admitted as a tourist. Bayani did not have any money to pay
for her services at that time but Bolilla requested her to proceed with the processing of her
papers. She complied but Bayani failed to submit all the requirements. She pointed to Bolilla as
the one who delivered to her the money to be used for the processing of the papers of Bayani.
She was paid ten thousand pesos (P10,000.00) in instalment. Bolilla took back the money as