P1,000.00 for passport, P800.00 for medical fee, and the rest for pictures, NBI Clearance) but she gave the amount to Altuveros. She has a xeroxed copy of the receipt, the original of which was in Branch 50 of the court, they also have a case there. Lumabas signed that receipt. She was supposed to leave for abroad before Christmas of 1993, but they adjusted the date to January 1994, because she was able to give the amount only on December 27. After January 1994, they did not talk to her any more; she was not able to get her passport. She gave feelers to the accused that she was going to withdraw her money and when they failed to produce any money, she told them she is going to file a case against them. They just said that she can do whatever she likes. Around March 28, 1994, she went to see Sgt. Reyes and since there were a number of complainants, police officers apprehended the accused at Balintawak. They found two (2) other persons who were likewise made to believe that they can be sent to work abroad (Teresita Cabrera and another whose name she forgot). At the City Hall Police Detachment, their statements were taken by the police, and they were referred to Fiscal Calledo. In front of Fiscal Calledo, Lumabas offered to pay P4,000.00 but she did not get that amount from Lumabas. She came to know Lumabas through their neighbors who also applied for a job abroad and convinced her to apply in November 1993. She was asked to give pictures (six [6] 2 x 2 and two [2] 1 x 1) in December 1993; she gave the money on December 27. There were many other applicants like Teresita Cabrera, others came from Quezon

Province. She is a graduate of Torres High

School in 197415

On cross-examination, the witness stated that she applied together with her "comadre" but the latter withdrew. After their first meeting on November 23, 1993, accused would visit her at her house to demand payment from her and to accompany her for her medical examination. She first gave money, more than P1,000.00 but she was not able to leave on her scheduled departure as she had no money then.16

15 TSN, August 23, 1994, pp. 3-16. 16 Ibid., pp. 16-18.

On re-direct examination, the witness said that despite her payment collected by the accused, she was not able to depart for abroad. She went to Sgt. Reyes to complain on March 28; accused were arrested on March 30, 1994. Together with Marina Ner, she went to the place and identified accused to the police.17

TERESITA CABRERA testified that Lumabas is her neighbor while Altuveros is the friend of Lumabas. She knows Lumabas for a

long time as she is a neighbor of her

brother; the latter's wife introduced Lumabas to her. She came to know that Lumabas was recruiting for workers abroad and she applied to her as domestic helper in Saudi Arabia. She was asked to pay P1,600.00 for medical fee, P600.00 for passport, she gave the P1,620.00 for travel tax total amount of P3,820.00 but no receipts

were issued to her. Altuveros made her write a letter (dated March 20, 1993) addressed to her daughter "Girlie" to inform her husband that she was supposedly in Saudi already (Exhibit "F"). She was actually in Balintawak because Lumabas passed her to Altuveros where she was made to stay. She did not protest when asked to write that letter falsely stating that she was already in Saudi because she was thinking of her children and she was also waiting for the refund of her money which accused kept on promising. She is a high school graduate. Her husband gave to her a POEA request slip (Exhibit "J") because he thought he was already abroad. She was first brought to NAIA and then they proceeded to Balintawak where she was made to do the cooking without salary. Though she was free to leave, she could not as she had no money; she was waiting for accused to pay her but they keep on promising month after month. There were four (4) of them at the house (Zenaida Manlapig, Rene Gonzales and Lilian delos Santos who were also promised that they will be deployed in Japan and Saudi). When accused were apprehended by Sgt. Reyes, she did not want to go with the police at first. Altuveros called and asked Lumabas

17 Ibid., pp. 18-20.

to bring her brother and sister as if nothing happened. If not for the arrest of the accused, she would have gone back to their house because she felt ashamed of her husband.18

On cross-examination, the witness stated that she does not know Abubakar. She stayed in Balintawak at the house of Altuveros together with three (3) others; her only purpose then was to get back her : money which they kept on promising. She signed the joint affidavit-complaint (Exhibit "A") before the police and affirmed her statement therein that she gave to Lumabas P10,700.00 as placement fee for which she was not issued a receipt19

REMEDIOS MAGANTE, returning to the witness stand, presented a receipt dated February 6, 1994 (Exhibit "K")20 which she prepared and asked Lumabas and Barangay Chairman Pedro Cruz to sign. She explained that after she gave the amount of P9,400.00 on December 27, 1993 to Lumabas, and the latter failed to deploy her abroad, she had the suspicion that Lumabas was just fooling her. So she prepared the receipt and asked Lumabas to sign it on February 6, 1994. She does not know the participant of Altuveros. Lumabas told her she would be hired as baby-sitter at the rate of $200 a month as long as she pays the placement fee of P12,000.00; she paid only P9,400.00. She had asked Lumabas if she could apply and she said "yes" but she needs to pay placement fee (P12,000.00), and she also needed a passport, NBI Clearance and medical fee. She gave all those requirements except the passport because she was made to understand it was they who would process her passport. Because she noticed that Lumabas was just fooling her, she did not give the whole amount. When she made Lumabas to sign the receipt, she was with her husband Diosdado Magante and the daughter of Lumabas. Bayani Santos

18 lbid., 21-36; Note: Exhibits "F" to "J" were not submitted to the Court as noted in the Decision, Rollo, p. 7.

19 lbid., pp. 36-41.

20 Records, p. 257.

(witness) and Pedro Cruz were present at the time she made her payment of P9,400.00 to Lumabas on December 27, 1993. At the time she paid Lumabas, she did not ask for receipt because she then had full trust in her as she lives nearby. Altuveros was not present when she made the payment to Lumabas.21

Accused CONCHITA LUMABAS testified that she came to know Remedios Magante when the latter went to her house together with one (1) Jesusa Abella on September 15, 1993. Her house is located at 1745 F. Varona St., Tondo, Manila. Magante and Abella were applicants of Abubakar of Sun Vent Recruitment Agency located at the 2nd Floor atop Jollibee-Padre Faura, Padre Faura St., Ermita, Manila. They met Abubakar there as she also applied as domestic helper for Qatar. When Magante learned that Abella was about to leave, she applied directly to Abubakar. Abubakar is the one (1) recruiting workers for abroad, he is an Indian national. She came to know Abubakar when Altuveros dropped by her house about three (3) years ago. She became close to Altuveros since 1990, Altuveros being a former contract worker in Riyadh whom she met at the airplane. Altuveros went to her house in August 1993 and introduced Abubakar as the person to whom her sister (Annie Altuveros) applied for work. Altuveros said Abubakar was responsible for deployment of persons who came from her place. The sister of Altuveros was able to depart for Riyadh. Abubakar returned and Magante was able to talk to him. At the office of Abubakar in Faura, they were all interviewed by Abubakar and asked them to produce certain requirements like medical examination and passport. She submitted her passport and medical certificate dated August 10, 1993 (Exhibit "2"). Explaining the earlier date of the medical certificate, she said she used this previously at R.M. Montero from which she withdrew because according to them it will take time for them to hire. Abella was able to leave for Jeddah as domestic helper. She was not aware of Magante's transaction with Abubakar but Magante borrowed P9,400.00 from her as

21 TSN, August 31, 1994, pp. 2-16.

payment for Abubakar on October 20, 1993. As proof of the loan of Magante, she presented a Cash Voucher (Exhibit "3"22) indicating the amount which she produced from Magante who asked to give it to Abubakar. Said amount was given to Altuveros because Abubakar happens to be a neighbor of Altuveros in Balintawak. Her friend Abella acted as guarantor for Magante so she lent her money. As to her own application, her Medical Certificate was held in abeyance for the reason that she has Her job "Urinary Track Infection". application was not processed and so she lent her money to Magante who promised to pay her in December. Magante paid in December and asked her to make a receipt stating that she actually received the money intended to be given to Abubakar, which receipt she could show to her husband. She does not have a copy of that receipt for P9,400.00. Magante, however, withdrew her application from Abubakar as she was losing patience because it was taking too long. She herself was not keen on pursuing her application because her medical examination result showed that she has health problems. She and Magante were withdrawing their application and went to see Abubakar in Faura together with Magante's husband. However, they did not

see Abubakar there and she contacted Altuveros. She asked Altuveros to inform Abubakar to withdraw the papers and money of Magante. Altuveros replied that she will talk to Abubakar. She learned from Altuveros that the latter had blottered Abubakar in Quezon City. She then to talked to Magante to tell her that Abubakar is yet to be found. Magante got mad and referred her to the barangay. She told them that once she will get the money from Abubakar, she would give it back to them. Magante and her husband had been harassing her, she told them she would not turn back on the money that they gave to Abubakar. When the money was not returned, she found out that Magante sued her. Exhibit "K" was the receipt which Magante asked her to attest to the amount that Magante borrowed from her asking her

22 Records, p. 136.

The

to itemize the amount paid to Abubakar. On March 30, 1994, she called up Altuveros to inquire whether she has located Abubakar and when she went to her place, she found policemen there and that was the time she learned that they have filed a complaint against her. She was surprised upon seeing police at Balintawak; they asked her if she is Conchita Lumabas and when she said "yes", SPO4 Marcelo Reyes invited her to come to the City Hall Detachment. At the police detachment, she told the police why they sued her for illegal recruitment when she was also an applicant like them. The police officer told her to just wait what will happen; she asked to be allowed to call up her lawyer but they did not agree. policemen started investigating and interviewing the complainants at around 6:00 p.m., while inquest began at around 11:00 o'clock in the evening (they were taken from the house at 8:30 in the morning). Policemen had no warrant of arrest at the time. She talked to the eight (8) complainants and learned that they were not complaining against her; they included the eight,(8) when in fact only two (2) were complaining against her (Cabrera and Magante). Police officers ignored her explanation and went on filing the complaint against her as conspirator. She insisted that the payment by Magante on December 27, 1993 at 5:00 in the afternoon, was in payment for the money she loaned to her (Magante). It was only Magante and the policemen who coached the witness to point to her residence because she accommodated them in her house overnight when they came from the province. Marina Ner was the real recruiter of these persons from Quezon who requested her. These other complainants were complaining against Altuveros and Abubakar, but the latter was not included as they were not able to locate him. Complainants thought that Altuveros was a companion of Abubakar. As to Magante, she said that if she will not be paid of the P9,400.00, she will sue her.2 23

23 TSN, March 28, 1995, pp. 2-25.

Still on direct examination, the witness declared that she had known Teresita Cabrera for two (2) months (August and September). She denied Cabrera's claim that Cabrera made payment at her house on October 15, 1993. Cabrera was together fs with Magante when they talked to Abubakar on the street infront of her house on September 15, 1993. Cabrera came to A know Abubakar because of Abella. When Abubakar inquired from her, she said that ✓ Cabrera and Magante were

acquaintances; she later went with them to Sun Vent Recruitment Agnecy. She came to know Magante also through Cabrera and Abella; Abubakar told her they should go together in his agency. They were also with Marina Ner. The five (5) of them talked to Abubakar individually and later asked for ro the requirements they needed for abroad. 'On October 15, 1993, Abubakar went to her place; Cabrera was fetched because she was already leaving for Qatar. Cabrera borrowed from her additional P3,000.00 on October 15, 1993. She has no evidence for this but this it was Cabrera's recruiter (Abubakar) who told her they would send the money one (1) month after Cabrera was deployed. She did not know if Cabrera was able to leave. After Cabrera left Tondo, she inquired from Abubakar after one (1) month if her employer already sent money; he said not yet. She also talked to Cabrera's husband who said that Cabrera called by overseas telephone; Cabrera said she was fine there, her husband promised her he would pay her if his wife could send money. There was no payment made by Cabrera, her husband told her she wrote a letter (Exhibit "F"). On March 29, 1994,

S

1

she went to the house of Abubakar to inquire regarding Cabrera, and she was surprised when it was Cabrera who opened the door. She asked Cabrera why she was there at the residence of Abubakar in Balintawak; she replied that she was able to leave. She told Cabrera why she did not :tell the truth so that the others would not have been victimized. She asked the owner of the house how long Cabrera had been there and she was told that Cabrera had been with Abubakar and his wife since October. Cabrera was just smiling. When

she went to the house of Altuveros, she was told that Altuveros had gone to Abubakar's house on March 30, 1994. Altuveros was not able to see Abubakar and they do not know his whereabouts now; according to them, they were left by Abubakar in that house.24

On further direct examination, the witness stated that she knows Marina Ner who is the wife of the co-worker of her sister abroad (Florina Vicente). Ner picked up at her house a package sent by her husband in August 1994, which was sent thru her neighbor. When Ner came to her house, Ner met Abubakar who was then talking to her regarding her application. While she was getting the package for Ner from their "aparador", Ner had a conversation with Abubakar. Later when Ner arrived at the house together with the male applicants, she came to know that they have a scheduled meeting at her place, where the said applicants waited for Abubakar. These are the complainants in this case. She asked Ner who said they will see and meet Abubakar at her house. According to Ner, Abubakar would fetch them from their house to be brought from the agency. Ner was applying for her companions and Abubakar Abubakar arrived on the same day. accompanied all of them to the Sun Vent Recruitment Agency. They returned to her house and Ner requested her permission if they could be accommodated for overnight to sleep at her house. She told them she could not accommodate all of them because

her house is too small. Ner left the female applicant (Lilian delos Santos) at her house and took the rest to a relative at Muntinlupa. Lilian was fetched by Ner the following day and she had no idea where they proceeded. Thereafter, they did not show up for a long time. Ner went again to her place to follow up the applications of her companions. She told Ner not to go to her place because it is not an agency. Ner said she first saw Abubakar at her house, but she told Ner that she was also an applicant like her and she does not know Abubakar. Returning from Quezon in November, Ner asked her

24 TSN, March 29, 1995, pp. 2-12.

to accompany them to look for Abubakar; she told them to look for him at the agency. Asked if she continued her own application, she told them she desisted because of some problem with her medical result. She went with them at the agency; later she learned that Ner was given a telephone number of Abubakar but was informed that he was not no longer residing at that place. Next time, Ner told her she was planning to sue Abubakar and asked her to stand as witness. She told them that she could only be their witness to the fact of being an applicant but not on the money they paid because she was not present during such payment. They went home to Quezon and went to her place in February asking her if she knows the house of Abubakar, to which she said she does not know. She went to Altuveros to inquire about Abubakar but Altuveros said she had not seen him; Altuveros was able to talk only to his wife on the telephone. She asked Altuveros to tell the wife of Abubakar to find him because there were so many people inquiring as to his whereabouts. On March 30, 1994, she inquired from Altuveros whether the money of Magante was returned by Abubakar. When she went to Altuveros, she was anticipating there was already a result on her inquiry regarding the money but she was surprised that there were policemen; she saw Cabrera and Altuveros having a commotion between them. She does not know Malabana, she came to know him only when they came to her place; the same with other companions of Ner (Rodrigo Olbido, Vergara and William Cerdon). These persons thought that since Abubakar went to her house, she is also her companion.25

On cross-examination, the witness claimed that she came to know Abubakar thru Altuveros who is her friend. She and Altuveros were both contract workers at Saudi Arabia in 1980. Altuveros went to her house in August 1993; she did not know then that Abubakar was coming to her house. Altuveros came to offer her perfume for her to sell. Altuveros introduced Abubakar to whom Altuveros's sisters were

25 TSN, April 26, 1995, pp. 3-14.

Accused ALBINA ALTUVEROS testified that she met Magante at the house of Lumabas about the last week of August 1993. She was alone in going there. She and Lumabas were together in Riyadh in 1980. She brought some merchandise (perfume) to be sold by Lumabas. She was not aware that Magante and Cabrera were then applying for a job with Abubakar, the recruiter who deploys persons in the Middle East. In September, she returned to the house of Lumabas. She came to know Abubakar upon her arrival from Riyadh together with him whom she met at the airport. Abubakar showed to her visas of workers he was carrying supposedly for the workers. He became her acquaintance and she asked him to help her sister (Anita Altuveros). Anita was able to leave but her other sister was not. Lumabas was able to meet Abubakar in the month of October 1993. She had accidentally met Abubakar in the jeepney she was riding going to Lumabas' place to collect sales of perfume. She told Abubakar to come along if he wishes to. She and Abubakar together went to the house of Lumabas. While she and Lumabas were talking about the perfume sales, Abubakar was just listening. Upon their arrival, they already saw Cabrera and Abella; Magante was not yet there. She came to know later that Cabrera, Magante and Abella applied with Abubakar about the last week of October 1993. She denied the accusation of Cabrera and Magante that they gave their placement fees to her. It was also not true that Cabrera stayed at her residence because that residence Cabrera was mentioning was actually the

26 TSN, May 16, 1995, pp. 2-11.