This case has been cited 4 times or more.
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2009-10-26 |
QUISUMBING, J. |
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| Illegal recruitment is committed when these two elements concur: (1) the offenders have no valid license or authority required by law to enable them to lawfully engage in the recruitment and placement of workers, and (2) the offenders undertake any activity within the meaning of recruitment and placement defined in Article 13(b) or any prohibited practices enumerated in Article 34 of the Labor Code. Under Article 13(b), 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." In the simplest terms, illegal recruitment is committed by persons who, without authority from the government, give the impression that they have the power to send workers abroad for employment purposes.[12] The law imposes a higher penalty when the crime is committed by a syndicate as it is considered as 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 defined under the first paragraph of Article 38 of the Labor Code.[13] | |||||
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2009-06-25 |
CHICO-NAZARIO, J. |
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| Finally, Biacora, the private complainant in this case, did not harbor any ill motive to testify falsely against petitioner Ritualo. The latter failed to show any animosity or ill feeling on the part of Biacora that could have motivated him to falsely accuse her of the crimes charged. It would be against human nature and experience for strangers to conspire and accuse another stranger of a most serious crime just to mollify their hurt feelings.[50] | |||||
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2007-02-28 |
GARCIA, J. |
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| It is well established in jurisprudence that a person may be charged and convicted for both illegal recruitment and estafa. The reason therefor is not hard to discern: illegal recruitment is malum prohibitum, while estafa is malum in se. In the first, the criminal intent of the accused is not necessary for conviction. In the second, such an intent is imperative. Estafa under Article 315, paragraph 2, of the Revised Penal Code, is committed by any person who defrauds another by using fictitious name, or falsely pretends to possess power, influence, qualifications, property, credit, agency, business or imaginary transactions, or by means of similar deceits executed prior to or simultaneously with the commission of fraud.[18] Here, it has been sufficiently proven that both appellants represented themselves to the complaining witnesses to have the capacity to send them to Italy for employment, even as they do not have the authority or license for the purpose. Doubtless, it is this misrepresentation that induced the complainants to part with their hard-earned money for placement and medical fees. Such act on the part of the appellants clearly constitutes estafa under Article 315, paragraph (2), of the Revised Penal Code. | |||||
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2002-08-29 |
YNARES-SANTIAGO, J. |
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| It was error for the trial court to consider the three private complainants in the two criminal cases when it convicted accused-appellant of illegal recruitment committed in large scale. The conviction of illegal recruitment in large scale must be based on a finding in each case of illegal recruitment of three or more persons, whether individually or as a group. In People v. Reichl, et al.,[31] we reiterated the rule we laid down in People v. Reyes[32] that: x x x When the Labor Code speaks of illegal recruitment "committed against three (3) or more persons individually or as a group," it must be understood as referring to the number of complainants in each case who are complainants therein, otherwise, prosecutions for single | |||||