Republic of the Philippines

Regional Trial Court

Second Judicial Region
Branch 32
Cabarroguis, Quirino

People of the Philippines,

Criminal Case No. 2203

Plaintiff,
Versus
Corazon Quino, Et. Al.,
Accused.
x----------------------------------------x
MEMORANDUM
COMES NOW accused, through the undersigned
counsel of the Public Attorneys Office (PAO), before this
Honorable Court, most respectfully submits its memorandum
to the instant case, to wit:
I. PREFERATORY STATEMENT
In criminal cases, the burden is on the prosecution to
prove, beyond reasonable doubt, the essential elements of
the offense with which the accused is charged; and if the
proof fails to establish any of the essential elements
necessary to constitute a crime, the defendant is entitled to
an acquittal. Proof beyond reasonable doubt does not mean
such a degree of proof as, excluding the possibility of error,
produces absolute certainty. Moral certainty only is required,
or that degree of proof which produces conviction in an
unprejudiced mind.
II. STAEMENT OF THE CASE
On June 6, 2007 the Office of the Provincial Prosecutor
filed an information for Illegal Recruitment by a Syndicate
and in Large Scale as defined and penalized under section
6 of Republic Act No. 8042, otherwise known as the Migrant

Workers and Overseas Filipino Act of 1995, against herein

accused together with Gertrude Laguyo-Kim and Marrieta
Lardizabal, committed as follows:
That beginning the period from August 2006 up to
January 2007 in the Municipality of Cabarroguis and
Saguday, both in the province of Quirino, Philippines and
within the jurisdiction of the Honorable Court, the three
accused, conspiring, confederating and without the license
or authority to recruit and deploy overseas workers, did then
and there wilfully, feloniously and knowingly engage in
recruitment activities promising overseas employment to
South Korea to the persons of Rosario Carlos Baguilat, Freda
Pangcao-Comayao and Jessie Dulawan and require from
them documentary requirements needed in their overseas
application thereby collecting from them the aggregate
amount of Php 157,000.00 as placement fees to their
damage and prejudice.
Contrary to law.
Cabarroguis, Quirino, June 5, 2007.
During the arraignment on January 26, 2013, on the
accused Corazon Quino was present and she pleaded not
guilty. On May 27, 2013, the pre trial conference was
conducted and the parties agreed with the following issues:
1) Whether or not the accused is liable for the crime
charged, 2) Whether or not the accused took money from
the private complainants for the purpose of having them
employed abroad particularly at South Korea, to be deployed
abroad particularly at South Korea in the total sum of One
Hundred Fifty Seven Thousand Pesos (Php 157,000.00) as
placement fee, and, 3) Claim for damages.
After the termination of the pre-trial, the prosecution
presented as witnesses only of the two private complainants,
Jessie Dulawan and Rosario Carlos Baguilat. Freda PangcaoComayao was not present as she was abroad. The
prosecution also presented Elpidio Atal, Jr, representative
from DOLE. On June 25, 2015, the defense rested its case
with the testimony of the accused Corazon Quino and
Corazon Vinluan. Thereafter, the case was submitted to the
Honorable Court for Decision.

III. ISSUE
The pivotal issue to be determined is whether the
accused, Corazon Quino, indeed engaged in recruitment
activities, as defined under the Labor Code.
IV. DISCUSSION

Article 13 of the Labor Code, as amended, provides the

definition of recruitment and placement as:
x x x; b) any act of canvassing, enlisting, contracting,
transporting, utilizing, hiring, or procuring workers, and
includes referrals, contract services, promising or advertising
for employment. locally or abroad, whether for profit or not:
Provided , that any person or entity which, in any manner,
offers or promises for a fee employment to two or more
persons shall be deemed engaged in recruitment and
placement.
On the other hand, Article 38 of the Labor Code provides:
a)Any recruitment activities, including the prohibited
practices enumerated under Article 34 of this Code, to
be undertaken by non-licensees or non-holders of
authority shall be deemed illegal and punishable under
Article 39 of this Code. The Ministry of Labor and
Employment or any law enforcement officer may
initiate complaints under this Article.
x x x x x x x x x.

Applied to the present case, two elements need to be

shown: (1) the person charged with the crime must have
undertaken recruitment activities; and (2) the said person
does not have a license or authority to do so.
To prove that accused was engaged in recruitment
activities as to commit the crime of illegal recruitment, it
must be shown that the accused gave private complainant
the distinct impression that she had the power or ability to
send the private complainant abroad for work such that the
latter was convinced to part with her money in order to be so
employed.1 In this case, private complainant Rosario Carlos
IMELDA DARVIN vs. HON. COURT OF APPEALS and PEOPLE OF THE
PHILIPPINES, G.R. No. 125044. July 13, 1998. And the case of People of
1

Baguilat alleged that the accused, Corazon Quino, recruited

her to work abroad. However, in her direct examination she
never mention the participation of the accused, Corazon
Quino in recruiting them. Nowhere did she mention if
Corazon Quino performed any of the activities that would
constitutes recruitment and placement as provided under
the law and give the impression that she had the power or
ability to send the private complainants abroad. In fact the
sponsor of the seminar is one Lifeline Grassroot Services,
which is not a recruitment agency and such fact was known
to them, she testified as follows:
Testimony of Rosario Baguilat, TSN dated August 14, 2013,
page 12.
Q: And you said the offer was made while you were on
training.
Am I right?
A

Yes, Sir.

What is that training all about?

A
:
When we attended the said seminar, we were
taught to study
the Korean language but
before hand that we continue the
said seminar,
there was even a Pastor who preached the
topic the way to heaven.
Q
:
way to

Who was that Pastor who preached the topic the

heaven?

It was Pastora Gertrude Kim, Sir.

Testimony of Rosario Baguilat, TSN dated August 14, 2013,

page 13.

After that what happened next?

A
:
After that we came to know that they are
Christian, so we
believe on them so we
the Philippines versus Rea, G.R. No. 197049, June 10, 2013.

undergone medical check up and after

that when
we arrived home they required us to pay a certain
processing fee and placement fee, Sir.
Testimony of Rosario Baguilat, TSN dated September 16,
2013, pages 29-30.

Q
:
was the

Now, this seminar that you were talking about who

sponsor of the seminar?

A
:
Kim and

All of them, sir, Corazon Quino, Gertrude Laguyo

Marieta Lardizabal, Sir.

Q
:
It is not a fact that the sponsor of this seminar is
the Lifeline
Grassroots Services?
A

Yes, sir, according to them then they told us.

What is this Lifeline Grassroots Services?

A
:
Sir, excuse me. It is for my companion Freda
because for me it
is
only
the
illegal
recruitment and my companion Freda is
that
another offer to her to it is included in our file, Sir.
Q
:
So you do not know this
Lifeline Grassroots
Services who
sponsored this seminar?
A

No, sir, because it is under Freda.

Who is Freda you were talking about?

A
:
My companion, sir, because the offer for them is
different. That
is charity and loan to her. But for
me it is only the abroad.

Q
:
So, this Lifeline Grassroots Services is not a
recruitment
agency?

A
:
No, Sir, they just included it there. They included
to Freda it is
not for me.

Q
:
You were claiming that the seminar was sponsored
by the three
(3) accused in this case, do you have
any proof?
A
:
I have a proof, sir, because during the seminar
Corazon Quino
and these two (2) others, this
Pastora Gertrude Laguyo Kim
was the one who
preached us this, The Way to Heaven, when
they
started
the seminar. So this is about salvation. So we were
many at that time because it is our seminar,
the recruitment,
Sir.

Q
:
So your only proof Madam Witness is the fact that
the three
(3) accused were there and Gertrude
Kim conducted a seminar
on how to get into
heaven?
A
our

Yes, sir, they included that before they started with

seminar. So from there we believe.

Q
:
In this seminar Madam Witness who were the
speakers?
A
:
Gertrude Kim and then they hired a Filipina who is
married to
a Korean Citizen to seminar us the
Korean language. So they
taught us Korean
language, sir.

The act alone of receiving money by Corazon Quino

everytime she will go to Baguio City which to be given to
Gertrude Laguyo Kim or Marieta Lardizabal can hardly qualify
as recruitment activities on the part of Corazon Quino. Aside
from the testimony of private complainants, there is nothing
to show that accused engaged in recruitment activities. All
these, taken collectively, cast reasonable doubt on the guilt
of the accused.
This Court can hardly rely on the bare allegations of
private complainants that they were offered by accused-

employment abroad, nor on mere presumptions and

conjectures, to convict the latter. Corazon Quino insisted
that the complainants included her in the complaint thinking
that this would compel her to reveal the whereabouts of
Gertrude Laguyo Kim.

Testimony of Rosario Baguilat, TSN dated September 16,

2013, page 31.
Q
:
And talking about the seminar because you told us
that the
recruitment happened in the seminar.
Was there a time that
Corazon Quino talk in
that seminar?
A
:
She did not talk, but she brought us to the
seminar because
she was the one who recruited
us here in Quirino Province, Sir.
Q
:
Now you are saying that Corazon Quino recruited
you here in
Quirino Province, was there any
contract between you and
Corazon Quino
recruiting you?
A
:
Yes, sir, because she was the one who took the
money and then
gave it to her companion.

No sufficient evidence was shown to sustain the

conviction, as the burden of proof lies with the prosecution to
establish that accused indeed engaged in recruitment
activities, thus committing the crime of illegal recruitment.

There is no proof of conspiracy to commit illegal

recruitment among Gertrude Laguyo Kim, Marieta Lardizabal
and Corazon Quino. In fact, Corazon Quino never talk about
recruitment. During the alleged seminar, Corazon Quino just
talked about the Way to Heaven. She never introduces
herself as a recruiter. The accused Corazon Quino did not
know the purpose why the complainants gave the money to
Gertrude Kim through her. They just advised her to deliver
the money to Gertrude Kim because they were the one who
talked about the transaction. In fact, Jessie Dulawan made
mentioned that he gave the money because he considered

Corazon Quino as his sister due to religious sect, Born

Again, and not as a recruiter.

Testimony of Jessie Dulawan, TSN dated October 21, 2013,

pages 67-68.

Q
A

:
:

An you considered Corazon Quino as your sister?

Yes, while in Baguio City.

Q
:
And because you considered her as your sister,
you trusted her
to give your money?
A

Yes, your Honor.

V. CONCLUDING STATEMENT
As fitting close to this Memorandum, the undersigned
counsel concluded that the accused, Corazon Quino never
engaged in recruitment activities as provided under the law.
Neither she conspired with the other accused. The
prosecution failed to prove the essential elements of the
offense with which the accused is charged the accused,
Corazon Quino is entitled to an acquittal.

VI. PRAYER
WHEREFORE, based on the foregoing discussion, it is
respectfully prayed that the accused, Corazon Quino, be
acquitted.
Accused further prays for such other reliefs just and
equitable in the premises.
Cabarroguis Quirino, July 27, 2015.

DEPARTMENT OF JUSTICE
Public Attorneys Office
Counsel for the Accused Corazon
Quino
By:
EUFEL N. MORALES-DUEAS
ARN 55289
IBP No. 757811/12.22.2014
MCLE Comp. No. V-0007261
Cabarroguis Quirino