4/16/2021
E-Library - Information At Your Fingertips: Printer Friendly
CONTRARY TO LAW.[5]
On the other hand, in Criminal Case No. Q-94-59473, the information for illegal
recruitment in large scale charged:
That on or about the month of August, 1994, in Quezon City, Philippines, the
said accused, conspiring together, confederating with several persons whose
true names and whereabouts have not as yet been ascertained and helping
one another, did then and there, wilfully, unlawfully and feloniously canvass,
enlist, contract and promise employment to the following persons, to wit:
1. RONALD F[R]EDERI[Z]O Y HUSENIA
2. LARRY TIBOR Y MABILANGAN
3. FELIXBERTO LEONGSON, JR. Y CASTAÑEDA
after requiring them to submit certain documentary requirements and
exacting from them the total amount of P128,000.00, Philippine Currency,
as recruitment fees, such recruitment activities being done without the
required license or authority from the Department of Labor.
That the crime described above is committed in large scale as the same was
perpetrated against three (3) or more persons individually or as group as
penalized under Articles 38 and 39, as amended by P.D. 2018, of the Labor
Code.[6]
When arraigned, accused-appellant pleaded not guilty to the criminal charges,
whereupon the cases were jointly tried.
The evidence for the prosecution is as follows:
On August 6, 1994, at around 1:00 p.m., complainant Felixberto Leongson, Jr. chanced
upon his neighbors, Cloyd Malgapo, Jojo Bumatay, and accused-appellant, who were
talking in front of his house at 68-C East Riverside, Bgy. Paltok, San Francisco del
Monte, Quezon City. Complainant was asked by accused-appellant if he was interested
to work as a seaman in Miami, Florida, United States of America. He replied that he
was interested to work abroad but he had doubts regarding his qualification for the job.
Accused-appellant assured him that this was not a problem because she could fix his
application. All he had to do was pay P45,000.00 as processing fee. Accused-appellant
told him that Jojo and Cloyd were departing soon. Complainant told accused-appellant
that he would consider the offer.
That night, accused-appellant came to see Felixberto and reiterated her proposal.
Felixberto said he wanted the job but he only had P10,000.00. Accused-appellant told
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