4/30/2021
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39(a) of the Labor Code of the Philippines, reads:
That in or about and during the period comprised from the year 1993 to
August 1994, in Quezon City, Philippines, the above-named accused, without
any authority of law, did then and there, wilfully, unlawfully and feloniously,
for a fee, enlist, recruit and promise employment/job placement abroad to
the following persons, to wit:
NAME
AMOUNT
1. Rodrigo
Acorda ------ P65,000.00
2. Orlando
Velasco ----- P145,000.00
-3. Florante
Casia -------- P100,000.00
-Without first securing the required license or authority from the Department
of Labor and Employment.
That the crime described above is committed in large scale as the same was
perpetrated against three (3) or more persons individually or as a group as
penalized under Art(s). 38 and 39, as amended by P.D. 2018, of the Labor
Code (P.D. 442).
CONTRARY TO LAW.
Upon being arraigned on October 1, 1996, the appellant, assisted by counsel of her
choice, entered separate pleas of "Not guilty" to each of the Informations in the instant
criminal cases. Thereafter, joint trial on the merits ensued.
It appears from the evidence adduced by the prosecution that private respondent
Rodrigo Acorda went to the office of the appellant, Mercy Logan, at 180-D Monterey
Street, 15th Avenue, Cubao, Quezon City sometime in January 1994. Rodrigo was
informed by the appellant who purported to do business under the name and style
Logan Promotion of Arts and Talents,[3] that she could recruit or secure for him
employment in Japan. After having communicated his desire to apply for work in Japan,
Rodrigo was required by the appellant to pay a placement fee in the amount of One
Hundred Fifty Thousand Pesos (P150,000.00). Rodrigo initially paid Ten Thousand Pesos
(P10,000.00)[4] to the appellant on January 31, 1994 and he was required to fill up an
application form.[5]
While his travel documents were allegedly being processed, Rodrigo was asked by the
appellant to pay the additional amount of Twenty Thousand Pesos (P20,000.00) which
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