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PEOPLE v. CARMELITA ALVAREZ

This case has been cited 2 times or more.

2011-11-23
PERALTA, J.
As to petitioner's contention that the testimony of Arturo Siapno that the latter paid a certain amount of money to the former must not be given any credence due to the absence of any receipt or any other documentary evidence proving such, the same is without any merit. In People v. Alvarez,[16] this Court ruled that in illegal recruitment cases, the failure to present receipts for money that was paid in connection with the recruitment process will not affect the strength of the evidence presented by the prosecution as long as the payment can be proved through clear and convincing testimonies of credible witnesses.  It was discussed that: In illegal recruitment, mere failure of the complainant to present written receipts for money paid for acts constituting recruitment activities is not fatal to the prosecution, provided the payment can be proved by clear and convincing testimonies of credible witnesses.
2009-10-26
QUISUMBING, J.
Neither can this Court sustain appellant's contention that her participation in the recruitment is negated by the fact that her signature does not even appear on the vouchers issued to Palo. Even if Palo did not present receipts signed by appellant, this would not rule out the fact that appellant did receive the money. This Court has consistently ruled that absence of receipts as to the amounts delivered to a recruiter does not mean that the recruiter did not accept or receive such payments. Neither in the Statute of Frauds nor in the rules of evidence is the presentation of receipts required in order to prove the existence of a recruitment agreement and the procurement of fees in illegal recruitment cases. Such proof may come from the credible testimonies of witnesses[17] as in the case at bar.