G.R. No. 109761 September 1, 1994
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs.
CARMELITA PUERTOLLANO COMIA, accused-appellant.
The Solicitor General for plaintiff-appellee.
Public Attorney's Office for accused-appellant.
FACTS:
For falsely representing herself to have the capacity and power to contract, enlist, and recruit workers for employment abroad, Carmelita Puertollano Comia was charged with illegal recruitment in large scale under paragraphs (a) and (b) of Article 38, in relation to paragraph (a) of Article 39, of the Labor Code. The information 1 was filed with the Regional Trial Court of Makati, Metro Manila.
ISSUE:
Whether accused-appellant is guilty of illegal recruitment in large scale.
RULING:
YES.
Article 38 of the Labor Code provides in part as follows:
Illegal Recruitment. — (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 officers may initiate complaints under this Article.
(b) Illegal recruitment when committed by a syndicate or in large scale shall be considered an offense involving economic sabotage and shall be penalized in accordance with Article 39 hereof.
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 defined under the first paragraph hereof. Illegal recruitment is deemed committed in large scale if committed against three (3) or more persons individually or as a group.
Article 13(b) of the same Code defines recruitment as follows:
Recruitment and placement refers to 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.
It is clear from the foregoing provisions that there is illegal recruitment in large scale when a person (a) undertakes any recruitment activity defined under Article 13(b) or any prohibited practice enumerated under Article 34 of the Labor Code; (b) does not have a license or authority to lawfully engage in the recruitment and placement of workers; and (c) commits the same against three or more persons, individually or as a group.
In this case, the presence of the second and third elements is beyond dispute. That the accused is not authorized by the Philippine Overseas Employment Administration (POEA) to engage in the recruitment and placement of workers is evidenced by a certification of the said agency dated 1 October 1991. In fact, to abbreviate the proceedings, the parties duly stipulated on the due issuance, authenticity, and truth of the said certification. There are no less than four complainants who patiently endured the rigors of trial to denounce the accused and expose her illegal recruitment activities.
Proffered to satisfy the first element of the crime were the testimonies of the complainants pointing to the accused as the person who promised them employment abroad and who collected and received various amounts from them.
YES.
Article 38 of the Labor Code provides in part as follows:
Illegal Recruitment. — (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 officers may initiate complaints under this Article.
(b) Illegal recruitment when committed by a syndicate or in large scale shall be considered an offense involving economic sabotage and shall be penalized in accordance with Article 39 hereof.
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 defined under the first paragraph hereof. Illegal recruitment is deemed committed in large scale if committed against three (3) or more persons individually or as a group.
Article 13(b) of the same Code defines recruitment as follows:
Recruitment and placement refers to 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.
It is clear from the foregoing provisions that there is illegal recruitment in large scale when a person (a) undertakes any recruitment activity defined under Article 13(b) or any prohibited practice enumerated under Article 34 of the Labor Code; (b) does not have a license or authority to lawfully engage in the recruitment and placement of workers; and (c) commits the same against three or more persons, individually or as a group.
In this case, the presence of the second and third elements is beyond dispute. That the accused is not authorized by the Philippine Overseas Employment Administration (POEA) to engage in the recruitment and placement of workers is evidenced by a certification of the said agency dated 1 October 1991. In fact, to abbreviate the proceedings, the parties duly stipulated on the due issuance, authenticity, and truth of the said certification. There are no less than four complainants who patiently endured the rigors of trial to denounce the accused and expose her illegal recruitment activities.
Proffered to satisfy the first element of the crime were the testimonies of the complainants pointing to the accused as the person who promised them employment abroad and who collected and received various amounts from them.
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