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MANILA, Philippines—Despite the absence of incriminating receipts, a woman who falsely promised to deploy workers to Malaysia in 45 days was sentenced to a maximum 60 years imprisonment by the Manila Regional Trial Court Wednesday.
Malou Empeno was found guilty of illegal recruitment and four counts of estafa by Judge Felixberto Olalia Jr. of Manila RTC Branch 8 for luring four victims and taking at least P140,000 in "processing fees" in 2001-2002.
Complainants Fe Bermillo, Victoria Fandivillia, Jose Melendres and John Santos said they met the accused in her "friend’s" house in Tondo, where she represented herself as a recruiter for factory workers in Malaysia.
Empeno was paid by the victims P30,000 to P40,000 each to process their papers, but the suspect failed to send them abroad and return the money they gave.
Verification with the Philippine Overseas Employment Administration showed that the accused was not licensed to recruit for foreign jobs.
In her defense, Empeno, who claimed she was a sales representative, said she only met Melendres and Santos through her friend but did not know Bermillo and Fandivillia.
She added that she never promised them employment, and that she was merely being harassed by the complainants because she appeared to be rich.
In a 23-page decision, the court ruled that the victims' testimonies were "consistent and credible" even if there were no receipts to back their claim that they had given money to the accused.
The judge said the corroborative statements of the victims served as the receipts themselves evidencing payments.
"As a matter of fact, even the absence of receipts cannot defeat a criminal prosecution for illegal recruitment. As long as the witnesses can positively show through their respective testimonies that the accused is the one involved in prohibited recruitment, he/she may be convicted of the offense despite the absence of receipts," said Olalia.
Empeno's defense, stressed the judge, was weak compared to the positive testimonies of the victims.
Aside from serving 22-60 years behind bars, the accused was ordered to return the amounts paid to her by the complainants plus legal interests.
