People Vs Hernandez DIGEST
People Vs Hernandez DIGEST
Facts:
THE CHARGE: syndicated and large scale illegal
recruitment
In April 1993, eight (8) informations for syndicated
and large scale illegal recruitment and eight (8)
informations for estafa were filed against accusedappellants, spouses Karl and Yolanda Reichl, together
with Francisco Hernandez. Only the Reichl spouses
were tried and convicted by the trial court as Francisco
Hernandez remained at large.
Private Respondents claims were based on the
following:
1. Francisco Hernandez, Karl Reichl and Yolanda
Gutierrez Reichl in their personal capacities
were neither licensed nor authorized by the
POEA to recruit workers for overseas
employment
2. documents signed by the Reichl spouses where
they admitted that they promised to secure
Austrian tourist visas for private complainants
and that they would return all the expenses
incurred by them if they are not able to
leave;
3. The Reichls promised to take care of all the
papers and to secure a job (domestic helper)
for each of them abroad if they can pay of
P150,000.00 for the processing of her papers
and travel documents.
4. Each of the PR gave money in various
installment plans but the departure was again
and again rescheduledon multiple dates and
still did not push through.
5. They (Reichls) gave various excuses for their
failure to depart, until finally the Reichls told
the applicants that Karl Reichl had so many
business transactions in the Philippines that
they would not be able to send them abroad
and that they would refund their payment
instead. The Reichls vowed to return the
payment if they fail on their promise.
All the private respondents (Narcisa Hernandez
,Melanie Bautista, Estela Manalo, Edwin Coleng, Anicel
Umahon, Analiza Perez and Maricel Matira, Charito
Balmes) related similar situations premised under the
same facts.
Karl Reichl denied any knowledge about Francisco
Hernandez's recruitment activities. He further denied
that he promised private complainants that he would
give them overseas employment. As regards the
document where Mr. Reichl undertook to pay
P1,388,924.00 to private complainants, he claimed
that he signed said document under duress.
Francisco Hernandez allegedly told him that private
complainants would harm him and his family if he
refused to sign it. He signed the document as he felt he
had no other option. Yolanda Gutierrez de Reichl
corroborated the testimony of her husband and denied
the charges against her.
RTC rendered a decision convicting accused-appellants
of one (1) count of illegal recruitment in large
scale and six (6) counts of estafa. (Please take note:
NOT GUILTY of the crime of syndicated and large-scale
illegal recruitment as charged in the above-mentioned