People vs Villas : 112180 : August 15, 1997 : J. Panganiban : Third Div... 3 of 10 http://sc.judiciary.gov.ph/jurisprudence/1997/aug1997/112180.htm In April 1991, Acierda, Villegas, Balisalisa and Rentura learned from a fellow nurse, Witness Teresita Quitoriano, that the latter applied directly to and received her case number from the CIAS without having to pay $400. Upon the advice of Atty. Sarsaba, a neighbor of Villegas, they sought the NBIs assistance. This led to the arrest of appellant and the filing of the criminal case against her. NBI Agent Isabelo B. Cerna, Jr. testified how he and the complainants entrapped the accused. Cernas testimony was narrated by the trial court, as follows: Atty. Isabelo B. Cerna, Jr., declared that he is an NBI Agent since 1966; sometime in April, 1991, Alfonsa Acierda Mortos, Nenita Balisalisa and Teresita Villegas lodged a complaint to his office for illegal recruitment against the accused, reporting to him that they were recruited by the accused for a fee $400.00 and they made payments to her; to ascertain first whether said accused is authorized to recruit workers for abroad before taking any action on the complaint, he made an inquiry from the POEA, Davao City, Office and he received a Certification dated April 15, 1991 issued by Mr. Gaudencio dela Pea signed by the Regional Director of the Department of Labor, Davao City (Exh. A) stating that the accused Mildred Nique Villas is not listed in the masterlist as authorized to recruit workers for employment abroad; after ascertaining that the accused is not authorized to recruit workers for employment abroad, he took the sworn statements of Balisalisa, Villegas, Quitoriano and Mr. Mortos; then the head of the NBI, Davao City, Atty. Gadia and Atty. Bisnar and himself planned to set the entrapment to ascertain whether the accused accepts money from recruiters; Balisalisa and Mrs. Alfonsa Acierda Mortos who had still remaining balance to pay were chosen to produce the money to be used for entrapment; Balisalisa produced four (4) hundred peso bills with Serial Nos. PB491857, PJ605003, CF462573, and LK577902; Mrs. Mortos produced three (3) hundred peso bills with Serial Nos. 338779, EQ619051 and GB247830; after the marking, thum(b)printing and taking the serial numbers and listing of the seven (7) bills, they set the entrapment; the bills were returned to Mrs. Mortos and Balisalisa and it was agreed that Atty. Cerna, Jr. will accompany the two (2) complainants to the house of the accused and the rest of the group composing of Atty. Bisnar, a photographer and two (2) other office personnel of the NBI will stay along del Pilar St.; they arrived at the house of the accused at 3:00 p.m. of April 17, 1991; After knocking the door, they were allowed to enter and took their seats; he was introduced as the brother of Balisalisa and a teacher of Kapalong; the accused asked him why he was in Davao City and he told her that he was following-up some matters with the DECS; then the two (2) complainants told her that they came to pay their balance and they handed the P700.00 to the accused who received the money in his presence and placed it in her pocket; the two (2) complainants told the accused that they will pay the remaining balance if they will have the money and the accused answered that she will be happy if they will pay on time; after the marked bills were handed to the accused, he signalled the two (2) complainants to go out; after the two (2) went out, he and the accused had a casual talk about working abroad facing each other; then, he opened his attache case and took an envelope and wrote the following words on it Atty. Cerna of the NBI, Gave it to her and told her to read it; she was taken aback and said what happened and he told her that the complainants complained that she is an illegal recruiter and told her to give back to him the money the two (2) complainants gave to her; he took the seven marked hundred peso bills from her and told her to go with him to their office, she went with him accompanied by her daughter; in the office, she refused to give statement except that when confronted about her friend in Canada, she said that Teresita who is working with the Canadian Immigration Assistance Service is the person facilitating the applications; she said that she could contact her by telephone and when asked about her phone number, she could not recall the number; he demanded from her document to show that she is authorized to recruit workers but she could not show any.[15] On the stand, Gaudencio dela Pea of the POEA regional unit in Davao City affirmed the certification issued by his office that appellant had no authority or license to recruit. 1/24/2016 11:04 PM