5/3/2021 E-Library - Information At Your Fingertips: Printer Friendly 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). https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/52758 5/12

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