August 2010 - Philippine Supreme Court Resolutions
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[G.R. No. 170832 : August 23, 2010] THE PEOPLE OF THE PHILIPPINES, APPELLEE -VERSUS- TERESA PASAMIC, APPELLANT. :
[G.R. No. 170832 : August 23, 2010]
THE PEOPLE OF THE PHILIPPINES, APPELLEE -VERSUS- TERESA PASAMIC, APPELLANT.
Sirs/Mesdames:
Please take notice that the Court, Third Division, issued a Resolution dated 23 August 2010, which reads as follows:
G.R. No. 170832 - THE PEOPLE OF THE PHILIPPINES, appellee -versus- TERESA PASAMIC, appellant.
R E S O L U T I O N
Before us is the motion for reconsideration filed by Teresa Pasamic (appellant) against the Minute Resolution, dated April 7, 2010, which dismissed her appeal for failure to show any reversible error committed by the Court of Appeals in its decision, finding her guilty beyond reasonable doubt of illegal recruitment in large scale.
In moving to reconsider the Court's resolution, the appellant insists that she did not recruit the complainants or that, at any point in time, she engaged in recruitment. She asserts that like the complainants, she was an applicant to Japan. She also asserts that the amount she received from the complainants were not placement fees but used for the complainants' medical examination.
The above arguments have already been duly considered and fully passed upon in the assailed Resolution. The following pieces of evidence on record amply support the illegal recruitment activities of the appellant:
First, the testimonies of the prosecution witnesses on how the appellant represented herself as a recruiter who could send them to Japan, and the POEA certification showing that she was not authorized to engage in recruitment.
Second, the testimony of the police officer who posed as an applicant during the entrapment operation conducted against the appellant showed that she was arrested after receiving the money in connection with overseas employment.
Third, the appellant's execution of a notarized agreement, which stipulated that she would receive a cut on the first month salary of the applicants to Japan, as placement fee.
Fourth, the presentation by the appellant of a news clipping, "RP-Japan accepts applicants," which she used to entice and convince the complainants that she could send them to Japan for work.
And fifth, the appellant's own admission that she assisted one Betel Shima to look for applicants interested for employment in Japan.
Thus, no reason exists to warrant a reversal of the Court's earlier ruling.
WHEREFORE, premises considered, the Motion for Reconsideration is hereby DENIED with FINALITY. No further pleadings shall be entertained. Let entry of judgment be made in due course.
SO ORDERED.
G.R. No. 170832 - THE PEOPLE OF THE PHILIPPINES, appellee -versus- TERESA PASAMIC, appellant.
Before us is the motion for reconsideration filed by Teresa Pasamic (appellant) against the Minute Resolution, dated April 7, 2010, which dismissed her appeal for failure to show any reversible error committed by the Court of Appeals in its decision, finding her guilty beyond reasonable doubt of illegal recruitment in large scale.
In moving to reconsider the Court's resolution, the appellant insists that she did not recruit the complainants or that, at any point in time, she engaged in recruitment. She asserts that like the complainants, she was an applicant to Japan. She also asserts that the amount she received from the complainants were not placement fees but used for the complainants' medical examination.
The above arguments have already been duly considered and fully passed upon in the assailed Resolution. The following pieces of evidence on record amply support the illegal recruitment activities of the appellant:
First, the testimonies of the prosecution witnesses on how the appellant represented herself as a recruiter who could send them to Japan, and the POEA certification showing that she was not authorized to engage in recruitment.
Second, the testimony of the police officer who posed as an applicant during the entrapment operation conducted against the appellant showed that she was arrested after receiving the money in connection with overseas employment.
Third, the appellant's execution of a notarized agreement, which stipulated that she would receive a cut on the first month salary of the applicants to Japan, as placement fee.
Fourth, the presentation by the appellant of a news clipping, "RP-Japan accepts applicants," which she used to entice and convince the complainants that she could send them to Japan for work.
And fifth, the appellant's own admission that she assisted one Betel Shima to look for applicants interested for employment in Japan.
Thus, no reason exists to warrant a reversal of the Court's earlier ruling.
WHEREFORE, premises considered, the Motion for Reconsideration is hereby DENIED with FINALITY. No further pleadings shall be entertained. Let entry of judgment be made in due course.
SO ORDERED.
Very truly yours,
(Sgd.) LUCITA ABJELINA-SORIANO
Clerk of Court
(Sgd.) LUCITA ABJELINA-SORIANO
Clerk of Court