PEOPLE vs. AVENDAÑO (Labor Law Review)

[G.R. Nos. 96277-82. December 2, 1992.]

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ABELARDO C. AVENDAÑO, Accused-Appellant.

The Solicitor General for Plaintiff-Appellee.

Public Attorney’s Office for Accused-Appellant.

FACTS:

The accused (Abelardo C. Avendaño) is the Treasurer of MCBRAJ Agro-Industrial Development Company (MAINDECO). Carmelito Soriano, Jr. is the President of said Company. Manuel Calanog is the personnel manager.

The above-named accused, conspiring, confederating, with accused CARMELITO SORIANO, JR., whose identity and whereabout is not yet known and helping with one another, representing himself to have the capacity to contract, enlist and transport Filipino workers for employment abroad, did, then and there, wilfully, unlawfully and feloniously, for a fee, recruit and promise employment/job placement abroad of some 38 workers. 

Six (6) separate informations for Illegal Recruitment of some 38 workers were filed against Avendaño.

Upon arraignment, Avendaño pleaded not guilty to the six (6) informations. 

ISSUE:

Whether Avendaño is guilty of the crime of Illegal Recruitment .

RULING:

Yes, It is admitted that MAINDECO is not licensed or authorized by the Department of Labor and Employment to engage in recruitment of persons for overseas employment. Consequently, the recruitment activities undertaken by MAINDECO are illegal. Illegal recruitment, when committed by a syndicate or in large scale shall be considered an offense involving economic sabotage. Illegal recruitment is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring and/or confederating with one another in carrying out any unlawful or illegal transaction, enterprise or scheme, and it is deemed committed in large scale if committed against three (3) or more persons individually or as a group. (Article 38, paragraphs [a] and [b], Labor Code). The penalty of life imprisonment and a fine of P100,000.00 shall be imposed if illegal recruitment constitutes economic sabotage. Any person who is neither a licensee nor a holder of authority found violating any provision of the Code shall suffer the penalty of imprisonment of not less than four years nor more than eight years or a fine of not less than P20,000.00 nor more than P100,000.00 or both such imprisonment and fine at the discretion of the court. If the offender is a corporation, partnership, association or entity, the penalty shall be imposed upon the officer or officers of the corporation, partnership, association or entity responsible for violation. (Article 39, paragraphs [a], [c] and [d], Labor Code.)