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PEOPLE v. LOURDES GAMBOA

This case has been cited 7 times or more.

2016-01-20
LEONARDO-DE CASTRO, J.
To constitute illegal recruitment in large scale, three elements must concur: (a) the offender has no valid license or authority required by law to enable him to lawfully engage in recruitment placement of workers: (b) the offender undertakes any of the activities within the meaning of "recruitment and placement" under Article 13(b) of the Labor Code, or any of the prohibited practices enumerated under Article 34 of the same Code (now Section 6 of Republic Act No. 8042, otherwise known as the Migrant Workers and Overseas Filipinos Act of 1995); and (c) the offender committed the same against three or more persons, individually or as a group.[13]
2014-06-02
LEONARDO-DE CASTRO, J.
To constitute illegal recruitment in large scale, three elements must concur:  (a) the offender has no valid license or authority required by law to enable him to lawfully engage in recruitment and placement of workers;  (b) the offender undertakes any of the activities within the meaning of "recruitment and placement" under Article 13(b) of the Labor Code, or any of the prohibited practices enumerated under Article 34 of the said Code (now Section 6 of Republic Act No. 8042); and (c) the offender committed the same against three or more persons, individually or as a group.[21]
2010-08-09
PEREZ, J.
The proliferation of illegal job recruiters and syndicates preying on innocent people anxious to obtain employment abroad is one of the primary considerations that led to the enactment of The Migrant Workers and Overseas Filipinos Act of 1995. Aimed at affording greater protection to Overseas Filipino Workers (OFWs), it is a significant improvement on existing laws in the recruitment and placement of workers for overseas employment. Otherwise known as the Magna Carta of Overseas Filipino Workers, it broadened the concept of illegal recruitment under the Labor Code and provided stiffer penalties therefor, especially those that constitute economic sabotage, i.e., Illegal Recruitment in Large Scale and Illegal Recruitment Committed by a Syndicate.[47]
2010-06-29
VELASCO JR., J.
In People v. Gamboa,[13] this Court discussed the nature of conspiracy in the context of illegal recruitment, viz: Conspiracy to defraud aspiring overseas contract workers was evident from the acts of the malefactors whose conduct before, during and after the commission of the crime clearly indicated that they were one in purpose and united in its execution. Direct proof of previous agreement to commit a crime is not necessary as it may be deduced from the mode and manner in which the offense was perpetrated or inferred from the acts of the accused pointing to a joint purpose and design, concerted action and community of interest. As such, all the accused, including accused-appellant, are equally guilty of the crime of illegal recruitment since in a conspiracy the act of one is the act of all.
2010-03-18
PEREZ, J.
To constitute illegal recruitment in large scale, three elements must concur: (a) the offender has no valid license or authority required by law to enable him to lawfully engage in recruitment and placement of workers; (b) the offender undertakes any of the activities within the meaning of "recruitment and placement" under Article 13(b) of the Labor Code, or any of the prohibited practices enumerated under Article 34 of the same Code (now Section 6 of Republic Act No. 8042); and, (c) the offender committed the same against three (3) or more persons, individually or as a group.[60]
2009-01-29
LEONARDO-DE CASTRO, J.
In a litany of cases,[36] we held that to constitute illegal recruitment in large scale three (3) elements must concur: (a) the offender has no valid license or authority required by law to enable him to lawfully engage in recruitment and placement of workers; (b) the offender undertakes any of the activities within the meaning of "recruitment and placement" under Art. 13, par. (b), of the Labor Code, or any of the prohibited practices enumerated under Art. 34 of the same Code (now Sec. 6, RA 8042); and, (c) the offender committed the same against three (3) or more persons, individually or as a group.
2008-12-17
YNARES-SANTIAGO, J.
To constitute illegal recruitment in large scale, three (3) elements must concur: (a) the offender has no valid license or authority required by law to enable him to lawfully engage in recruitment and placement of workers; (b) the offender undertakes any of the activities within the meaning of "recruitment and placement" under Article 13(b) of the Labor Code, or any of the prohibited practices enumerated under Article 34 of the said Code (now Section 6 of R.A. No. 8042); and, (c) the offender committed the same against three (3) or more persons, individually or as a group.[7]