5/3/2021
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The evidence adduced by the prosecution likewise shows that accused
Arabia was neither licensed or authorized by the POEA to recruit workers for
overseas employment as shown by the certification issued by the Chief
Licensing Division, POEA, Veneranda Guerrero (Exh. A).
Neither is accused Francisca Tomas licensed nor authorized to recruit
workers for overseas employment (Exh. B).
It was likewise sufficiently shown that both accused recruited more than
three persons - the five (5) complaining witnesses in this case.
The only defense of the accused Arabia and Tomas is denial. They claim
that, like the complainants, they too, accused Arabia and Tomas, were job
applicants and their recruiter was one Rebecca de Jesus; that they were
likewise victimized by Rebecca de Jesus. As a matter of fact, according to
the accused, like them, complainants also filed a case against said illegal
recruiter, Rebecca de Jesus.
However, accused Arabia and Tomas failed to present proof that they indeed
filed a case against Rebecca de Jesus for illegal recruitment. Neither did they
present proof that complainants also filed a case against said Rebecca de
Jesus. Accused Arabia presented supposed complainant-affidavits against
Rebecca de Jesus, however, it was not shown that herein complainants are
among those persons who executed an affidavit-complaint.
Accused Arabia admits that sometime during the last week of November,
1992, the complainants went to her house. However, she claimed they went
there not because they wanted to see her but because one Rebecca de
Jesus, the alleged illegal recruiter told the complainants to meet her
(Rebecca) there because Rebecca happened to be a client of accused Arabia
as "manghihilot". Accused Arabia later on stated that she first saw these
complainants during the last week of December 1992.
Accused Arabia further stated the case they filed against Rebecca de Jesus is
with the sala of then Judge Costales of Br. 93 of Quezon City. However, the
evidence showed that the case then pending in the sala of Judge Costales
was the case filed by other complainants against herein accused Arabia and
Tomas (Exh. G-1).
The allegation of accused witness, one Atty. Layaoen, who allegedly assisted
herein accused in filing their complaint against Rebecca de Jesus with the
Prosecutor's Office in Quezon City was belied by the prosecution's rebuttal
witness, Mr. Ronald Feliciano, an employee of the City Prosecutor's Office,
Quezon City, assigned at the Records Division of said office, who testified
that based on their records, there are nine (9) cases of estafa and illegal
recruitment filed in their office against Rebecca de Jesus, but not one of
them was filed by herein accused Arabia and Tomas, and/or by complainants
in the present case (against Arabia and Tomas).
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