6/7/2020
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Romualdo Iringan, conducted an entrapment operation against the accused. They
prepared 10 marked PI00 bills dusted with ultraviolet powder and gave the same to
Miparanum. On July 23, 2001, the entrapment team proceeded with Miparanum to
Jollibce-Guadalupe where Miparanum was to meet the accused-appellant. The team
immediately arrested her upon her receiving the marked bills. The PNP Crime
Laboratory conducted its examination for traces of ultraviolet powder on her person,
and the results of the examination were positive for the presence of ultraviolet powder.
[11]
In contrast, the accused-appellant pointed to Langreo and Bermudez who had operated
GNB Marketing Agency. She claimed to have met Miparanum at Jollibee-Guadalupe only
for the purpose of bringing him to Bermudez. She refused to receive the money being
handed to her by Miparanum because she did not demand for it, but the four policemen
suddenly arrested her, and one of them rubbed his arm against her forearm.[12]
The accused-appellant presented two witnesses, namely: Adelaida Castel and Edith
dela Cruz. Castel testified that she had known the accused-appellant for almost five
years; that being then present during the meeting between the accused-appellant and
Caniazares she did not hear the accused-appellant representing herself as a legitimate
recruiter to the latter; that she had been present when Miparanum delivered the
P40,000.00 to Bermudez; and that prior to the entrapment of the accused-appellant,
Caniazares had called their house three times to ask the accused-appellant to
accompany him to the house of Bermudez.[13] On her part, dela Cruz attested that she
had known the accused-appellant since March, 2001 because they had worked together
in a handicraft factory; that she did not know if the accused-appellant had been a
recruiter; that it was Langreo who had been the recruiter because he had recruited her
own daughter; and that she did not know anything about the transactions between the
accused-appellant and the complaining witnesses.[14]
Subsequently, Dahab recanted his testimony, and stated that he had only requested
assistance from the accused-appellant regarding his medical examination. He insisted
that he had voluntarily paid P5,000.00 to her, and she had then paid the amount to the
Medical Center for his medical examination.[15]
Ruling of the RTC
On August 27, 2002, the RTC rendered its ruling, disposing:
WHEREFORE, judgment is rendered as follows a) In Criminal Case No. 01-1780 the Court finds the evidence of the
Prosecution sufficient to establish the guilt of Marissa Bayker beyond
reasonable doubt for having violated Section 6(m) of Republic Act No. 8042
(The Migrant Workers and Overseas Filipino Act of 1995) and applying
Section 7 of the same Act, which directs imposition of the maximum penalty
if the offender is a non-licensee or non-holder of authority, she is sentenced
to suffer the penalty of life imprisonment and to pay a fine of One Million
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