to P25,350, but said accused, once in possession of the same, with intent to defraud
and deceive the herein complainant, did then and there willfully, unlawfully and
feloniously misapply, misappropriate and convert [the same] to her own personal use
and benefit, [and] despite demands made upon her to return the said amount
of P25,350, said accused failed and refused and still fails and refuses to do so, to the
damage and prejudice of the complainant in the aforementioned amount of P25,350.
Contrary to Law.
[6]
Complainant Napoleon C. Aparicio,[7] jobless, testified that he came to know
appellant through his sister in February 1993. He allegedly talked with appellant
Marlene Olermo a.k.a. Marlene Tolentino regarding the latters offer to give him a job
overseas. She informed complainant Aparicio that he needed to pay her P40,000 for a
work permit and a plane ticket to Saipan where he is allegedly to be employed. Aparicio
agreed to pay her the said amount. He made his first payment of P20,000 on March 30,
1993. Appellant allegedly called him up and instructed him to deliver the money, which
he did, to a certain Jennifer Balduesa at Danding Building, Municipal Site, Valenzuela,
Metro Manila where appellants office, Jirk Manpower Services, is located. Complainant
Aparicio made his second payment on April 21, 1993. Again, he delivered the amount
of P20,000 to Jennifer Balduesa in appellants office in Valenzuela upon the instructions
of appellant. He was issued a cash voucher for each payment he made. [8] Appellant
promised him that he would leave for Saipan on May 3, 1993 and she even showed him
his plane ticket.However, he was not able to leave on said date. The date of his
departure was moved several times by appellant until he began to suspect something
was amiss. Hence, he reported the matter to the National Bureau of Investigation
(NBI). Appellant thereafter pretended to refund the amounts he paid by issuing him a
check, which, however, bounced when it was presented for payment. [9] He later learned
that appellant was not a duly-licensed recruiter.
Complainant Ariston Villanueva,[10] jobless, is married to another complainant Mary
Jane Aquino-Villanueva. They were not married yet when they first encountered
appellant. He testified that he read the advertisement of appellant in a newspaper,
sometime in April 1993, offering assistance to those who would like to work
overseas.[11] He called the number indicated therein and spoke to appellant. They first
agreed to meet in Greenbelt, Makati, but during the appointed hour, appellant did not
show up. The following day, they spoke again on the telephone and agreed to meet in
the office of appellant in Valenzuela. When they met, appellant informed him and
complainant Aquino-Villanueva that she can help them find work in Hong
Kong. However, they must pay her P35,000 each for their plane fares and placement
fees. On May 3, 1993, complainant Villanueva paid appellant an initial amount
of P40,000. On May 20, 1993, he gave appellant P30,000. Appellant issued him a
receipt for each payment he made.[12] Their departure, however, kept on being
postponed by appellant. Finally, they asked for a refund of their payments. Appellant
issued three checks on different dates amounting to P70,000. However, these checks
were dishonored when they were presented for payment.[13] In the end, appellant gave
back only P19,000. Complainants Villanueva and Aquino-Villanueva subsequently