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ENCARNACION FLORES v. PEOPLE

This case has been cited 3 times or more.

2001-11-29
QUISUMBING, J.
Contrary to Article 248, Revised Penal Code.[3]
2001-11-29
QUISUMBING, J.
Dr. Ingrid Gancenia, Municipal Health Officer, Rosales, Pangasinan, conducted an autopsy on the cadaver of Jose Deguerto. Her autopsy report showed that Deguerto sustained the following injuries: hacking wound, 14 cm. from superciliary (eyebrow) to zygomatic arch extending to stermocleidomastoid (near clavicle, L); hacking wound, 4 cm. clavicle (middle, L); hacking wound, 4 cm. neck (R); abrasion, linear, 8 cm. neck (R); avulsion of skin, abdomen (L) at level of 12th rib. She opined that the cause of death is hemorrhagic shock due to hacking wounds.[7] Her testimony was dispensed with in view of the manifestation of the defense admitting the aforesaid autopsy report and the findings contained therein.[8]
2000-02-08
BELLOSILLO, J.
On several occasions, this Court has held that there is illegal recruitment when one purports to have the ability to send a worker abroad although without the authority or license to do so. He may merely give such an impression in order to induce an applicant to tender payment for fees.[37] Although accused-appellant initially might not have done anything to encourage individuals to apply to him for employment abroad, such fact does not in any way blot out his liability for illegal recruitment. Recruitment is a legal term; its meaning must be understood in the light of what the law contemplates and not of common parlance.[38] Thus, even if Rogelio did not purposely seek out the complainants to apply as workers in Japan, his subsequent false misrepresentations that he had the capacity to procure employment for them, without authority from the POEA, made him liable for illegal recruitment.