Criminal charges filed vs operator of aesthetic training center ‘without authority, registration’


DOJ (2)

The Makati City Prosecutor’s Office has ordered the filing of criminal charges against a woman who was arrested by the National Bureau of Investigation (NBI) for operating an aesthetic and dermo-pigmentation training center despite “lack of registration and authority” from the government.

Ordered charged in court was Wenie Garupa Argonza for violation of Section 68 in relation to Section 28 of the Education Act of 1982.

Section 28 of the Education Act states that “operation of schools and educational programs without authorization, and/or operation thereof in violation of the terms of recognition, are hereby declared punishable violations subject to the penalties provided in this Act.”

Section 68, on the other hand, states: “Any person upon conviction for an act in violation of Section 28, Chapter 3, Title III shall be punished with a fine of not less than two thousand pesos (P2,000) nor more than ten thousand pesos (P10,000) or imprisonment for a maximum period of two (2) years, or both, in the discretion of the court. If the act is committed by a school corporation, the school head together with the person or persons responsible for the offense or violation shall be equally liable.”

Argonza was arrested last Aug. 12 at the Argonza Aesthetic and Dermo-pigmentation Academy in Barangay Tejeros, Makati City during an entrapment operation conducted by agents of the NBI’s Criminal Investigation Division (NBI-CRID).

Also arrested during the operation was Argonza’s assistant, Glenmae T. Bobier. The Makati City prosecutor’s office, however, set a preliminary investigation on the case against Bobier “as there are issues that needs to be clarified which cannot be resolved at present.”

The filing of the charges against Argonza was recommended by Senior Assistant City Prosecutor Cherrylin N. Go-Ortiz. The recommendation was approved by Deputy City Prosecutor Jose D. Laurente. Bail recommended for Argonza was P12,000.

Based on the complaint and as found by the prosecutors, Argonza was operating her Dermo-pigmentation Academy without registration and authority from the Technical Vocational Educational and Training (TVET) programs of the Technical Education and Skills Development Authority (TESDA).

“Evaluating the evidence on record, we find probable cause against Argonza for violation of Sec. 68 in relation to Sec. 28 of the Education Act of 1982. The allegations of public complainants are clear and categorical that Argonza was engaged in giving lectures, hand-on exercises, and training on how to perform hydrafacial, oxyfacial, dermabrasion, chemical peeling, and the use of hifu machine without being registered with the Unified TVET Program Registration and Accreditation System (UTPRAS) of TESDA,” the city prosecutor’s resolution stated.

The resolution also stated that “training and program registration in UTPRAS is the mandatory registration of Technical Vocational Educational and Training (TVET) Programs with TESDA.”

In its complaint, the NBI – through Director Medardo G. De Lemos – said the operation against the training center was conducted after the bureau received last Aug. 5 a report that Argonza was “engaged in the actual acts of physically administering medical treatments and teaching medical procedures and practices without authority and licenses to do so.”