G.R. Nos. 116905-908 - PEOPLE OF THE PHILIPPINES, VS. EDUARDO BALLESTEROS, ACCUSED-.

Ruling

Accordingly, whenever Mendoza, Zabala and Almonte had business conferences with their clients, they went to the canteen inside the club, about 25 meters away from the office. It was also in November 1992, on different occasions, that Sorita, Viloria and Ricamonte, who were applicants for employment abroad, were brought to the office by Mendoza and the other recruiters. In the process, appellant admitted that he advised the three that if they had no money or somebody to finance their employment abroad they might as well forget any plans of working abroad. Appellant says that Mendoza and the others paid the rent for the use of the table promptly for the first three months or until January 1993 (Exhibit Q-4). Appellant signed two receipts acknowledging the payment of the rent. At one point, one of the applicants, Sorita, delivered to his house a television set and a Sony walkman. Appellant was surprised by this act, but claims, that on the same day, Zabala took the said items. Sorita told him that Zabala had already signed the receipt for the said goods. Sometime in January or February of 1993, the office of the appellant was padlocked for non-payment of rent for 6 months. Subsequently, appellant entered into a contract for shipping services with a new company. On May 3, 1993, appellant claims that police operatives of the Western Police District sought his help in locating Mendoza, Zabala, and Alfredo Hunsayan, Jr., for defrauding Sorita, Viloria and Ricamonte. Appellant agreed to help and informed them where Zabala could be found. After two days, Zabala was arrested by the police but managed to escape after a month. Appellant, however, claims that, in spite of the help he gave to the police, he was still placed under arrest and charged for the crime of illegal recruitment (large-scale) and estafa . Ruling of the Trial Court The trial court accorded full faith and credence to the testimony of the private complainants. The trial court was convinced, beyond a shadow of doubt, that they testified in a spontaneous, straight-forward and sincere manner, bereft of the affectations and tell-tale signs of perjured and/or rehearsed witnesses. [9] The trial court held that appellant was in cahoots with Cecilia Legarbes Zabala, Jose Mendoza, Perla Almonte, Ricky de la Torre and Alfredo Hunsayan, Jr. in recruiting private complainants for employment in Japan. The trial court found that appellant received various sums of money and personal properties from the private complainants as placement fees, expenses for processing of employment papers, issuance of visas to Japan and for purchase of plane tickets. After trial on the merits, the trial court convicted appellant of illegal recruitment in large-scale and three counts of estafa , stating that: [10] In view of the foregoing disquisitions of the Court, judgment is hereby rendered against the Accused as follows: 1. In People versus Eduardo Ballesteros, Criminal Case No. 93-121321, the Accused is hereby fou