G.R. No.

173198
June 1,2011
FLORENTIN
I, J.DE CASTRO

People vs. Ocden

ROSALIE SANTAJ.
FILRO: 001

FACTS:
During the period from May to December, 1998, in Baguio City, Dolores
Ocden recruited and promised employment as factory workers in Italy to more
than three (3) persons including, but not limited to the following: Jeffries
Golidan, Howard C. Golidan, Karen M. Simeon, Jean S. Maximo, Norma Pedro,
Marlyn Mana-a, Rizalina Ferrer, and Milan Daring without having first secured
the necessary license or authority from the Department of Labor and
Employment. None of the applicants were able to work in Italy. They asked
Ocden to refund their hard-earned money but Ocden failed to return. The RTC
found Ocden guilty of illegal recruitment in large scale and suffer life
imprisonment and a fine of P100,000 and was erroneously filed before CA, but
the latter correctly submitted to SC.
ISSUE:
Is Ocden guilty of illegal recruitment?
LAWS INVOLVED:
Art. 13(b) in relation to Articles 38(b), 34 and 39 of the Labor Code.
Sec. 6(m) of RA 8042.
RULING:
The Supreme Court found Ocden guilty of illegal recruitment in large
scale and estafa; and sentenced to suffer life imprisonment and a fine of
P500,000.
Since illegal recruitment under Section 6(m) can be committed by any
person, even by a licensed recruiter, a certification on whether Ocden had a
license to recruit or not, is inconsequential. Ocden committed illegal
recruitment as described in said provision by receiving placement fees from
Mana-a, Ferrer, and Golidans two sons, Jeffries and Howard, evidenced by
receipts Ocden herself issued; and failing to reimburse/refund to Mana-a,
Ferrer, and Golidans two sons the amounts they had paid when they were not
able to leave for Italy, through no fault of their own.
OPINION:

G.R. No. 173792

August 31,2011
FLORENTIN
I, J.DE CASTRO

People vs. Ochoa

ROSALIE SANTAJ.
FILRO: 002

FACTS:
That on or about the period covering the months of February 1997 up to
April 1998 in Quezon City, Rosario Ochoa recruited Robert Gubat, Junior
Agustin, Cesar Aquino, Richard Luciano, Fernando Rivera, Mariano R. Mislang,
Helen B. Palogo, Joebert Decolongon, Corazon S. Austria, Cristopher A. Bermejo,
Letecia D. Londonio, Alma Borromeo, Francisco Pascual, Raymundo A. Bermejo
and Rosemarie A. Bermejo as overseas workers in Saudi Arabia and Taiwan for
a consideration ranging from P2,000.00 to P32,000.00 or a total amount of
P124,000.00 as placement fee which the complainants paid to herein accused
without the accused having secured the necessary license from the
Department of Labor and Employment.
ISSUE:
Is Ochoa guilty of illegal recruitment?
LAWS INVOLVED:
Sec. 6, (l) and (m); and Sec. 7 (b) of RA 8042.
RULING:
Ochoa was charged with violation of Section 6 of Republic Act No. 8042.
Said provision broadens the concept of illegal recruitment under the Labor
Code and provides stiffer penalties, especially for those that constitute
economic sabotage, i.e., illegal recruitment in large scale and illegal
recruitment committed by a syndicate.
It is well-settled that to prove illegal recruitment, it must be shown that
appellant gave complainants the distinct impression that she had the power
or ability to send complainants abroad for work such that the latter were
convinced to part with their money in order to be employed. All eight private
complainants herein consistently declared that Ochoa offered and promised
them employment overseas. Ochoa required private complainants to submit
their bio-data, birth certificates, and passports, which private complainants did.
Private complainants also gave various amounts to Ochoa as payment for
placement and medical fees as evidenced by the receipts Ochoa issued to
Gubat, Cesar, and Agustin. Despite private complainants compliance with all
the requirements Ochoa specified, they were not able to leave for work abroad.
Private complainants pleaded that Ochoa return their hard-earned money, but
Ochoa failed to do so.
OPINION:

G.R. No. 171644

November 23,2011
III, J.PERALTA

Romero vs. People

ROSALIE SANTAJ. FLORENTIN
FILRO: 003

FACTS:
That sometime in the month of August and September 2000 in
Calasiao, Pangasinan, Delia D. Romero, not being licensee or holder of
authority, recruited Arturo Siapno and Romulo Padlan to a supposed job
abroad particularly in Israel, for a fee, without first securing the
necessary license and permit to do the same. The victims testified that
when they went to the accused stall, the latter encouraged them to apply
abroad and they were convinced. They attended a briefing with Jonney, a
friend of Delia, in Dau, Mabalacat, Pampanga. They were able to work in
Israel for more or less three months but they were later caught by the
immigration officials, incarcerated for a couple of days and then deported
because they have no working visas.
ISSUE:
Is Delia Romero guilty of illegal recruitment?
LAWS INVOLVED:
Arts. 38 and 13 (b) of the Labor Code.
RULING:
Delia Romero is guilty of illegal recruitment and estafa.
The Court held that the crime of illegal recruitment is committed when
two elements concur, namely: (1) the offender has no valid license or authority
required by law to enable one to lawfully engage in recruitment and placement
of workers; and (2) he undertakes either any activity within the meaning of
"recruitment and placement" defined under Article 13 (b), or any prohibited
practices enumerated under Article 34 of the Labor Code. From the above
testimonies, it is apparent that petitioner was able to convince the private
respondents to apply for work in Israel after parting with their money in
exchange for the services she would render. The said act of the petitioner,
without a doubt, falls within the meaning of recruitment and placement as
defined in Article 13 (b) of the Labor Code.
OPINION:

G.R. No. 195419

November 23,2011
II, J. CARPIO

People vs. Lalli

ROSALIE SANTAJ. FLORENTIN
FILRO: 004

FACTS:
Ronnie Aringoy asked Lolita Plando if she wants to work as restaurant
entertainer in Malaysia, since Lolita is interested, she inquired how she could
apply. Ronnie brought Lolita to Nestor Relampagos and Hadja Lalli. The latter
accompanied Lolita and other women in Malaysia by boat from Zamboanga to
Sandakan, Malaysia and then boarded a van going to Kota Kinabalu. They were
forced to work as prostitutes in pipen Club in Labuan, Malaysia. Lolita worked
as a prostitute from June 14 to July 8, 2005. Every night, a customer used her.
She had at least one customer or more a night, and at most, she had around
five customers a night. They all had sexual intercourse with her. Lolita was
saved by her brother-in-law who acted as a customer.
ISSUE:
Is Lalli, Relampagos and Aringoy guilty of syndicated illegal recruitment
and trafficking in persons?
LAWS INVOLVED:
Secs. 6 and 7 of RA 8042
Art. 13 (f) of the Labor Code
RULING:
It is clear that a person or entity engaged in recruitment and placement
activities without the requisite authority from the Department of Labor and
Employment (DOLE), whether for profit or not, is engaged in illegal recruitment.
The Philippine Overseas Employment Administration (POEA), an agency under
DOLE created by EO No. 797 to take over the duties of the Overseas
Employment Development Board, issues the authority to recruit under the
Labor Code. The commission of illegal recruitment by three or more persons
conspiring or confederating with one another is deemed committed by a
syndicate and constitutes economic sabotage, for which the penalty of life
imprisonment and a fine of not less than 500,000 but not more than
1,000,000 shall be imposed. In this case, the trial court, as affirmed by the
appellate court, found Lalli, Aringoy and Relampagos to have conspired and
confederated with one another to recruit and place Lolita for work in Malaysia,
without a POEA license. The three elements of syndicated illegal recruitment
are present in this case, in particular: (1) the accused have no valid license or
authority required by law to enable them to lawfully engage in the recruitment
and placement of workers; (2) the accused engaged in this activity of
recruitment and placement by actually recruiting, deploying and transporting
Lolita to Malaysia; and (3) illegal recruitment was committed by three persons
(Aringoy, Lalli and Relampagos), conspiring and confederating with one
another.
OPINION:

G.R. No. 187730

June 29, 2010
I, J. VELASCO, JR.

People vs. Gallo

ROSALIESANTAJ. FLORENTIN
FILRO: 005

FACTS:
Accused-appellant made false misrepresentations and promises in
assuring Dela Caza and the other victims that after they paid the placement
fee, jobs in Korea as factory workers were waiting for them and that they would
be deployed soon. In fact, Dela Caza personally talked to accused-appellant
and gave him the money and saw him sign and issue an official receipt as proof
of his payment.
ISSUE:
Whether Gallo and others are guilty of syndicated illegal recruitment and
estafa.
LAWS INVOLVED:
Articless 13 (b) and 34 of the Labor Code.
RULING:
In the instant case, accused-appellant committed the acts enumerated in
Sec. 6 of R.A. 8042. Testimonial evidence presented by the prosecution clearly
shows that, in consideration of a promise of foreign employment, accusedappellant received the amount of Php 45,000.00 from Dela Caza. When
accused-appellant made misrepresentations concerning the agencys purported
power and authority to recruit for overseas employment, and in the process,
collected money in the guise of placement fees, the former clearly committed
acts constitutive of illegal recruitment. 1[ In this case, it cannot be denied that
the accused-appellent together with Mardeolyn and the rest of the officers and
employees of MPM Agency participated in a network of deception. Verily, the
active involvement of each in the recruitment scam was directed at one single
purpose to divest complainants with their money on the pretext of
guaranteed employment abroad.
The prosecution evidence shows that
complainants were briefed by Mardeolyn about the processing of their papers
for a possible job opportunity in Korea, as well as their possible salary. Likewise,
Yeo Sin Ung, a Korean national, gave a briefing about the business and what to
expect from the company. Then, here comes accused-appellant who introduced
himself as Mardeolyns relative and specifically told Dela Caza of the fact that
the agency was able to send many workers abroad. Dela Caza was even
showed several workers visas who were already allegedly deployed abroad.
Later on, accused-appellant signed and issued an official receipt acknowledging
the down payment of Dela Caza. Without a doubt, the nature and extent of the
actions of accused-appellant, as well as with the other persons in MPM Agency
clearly show unity of action towards a common undertaking. Hence, conspiracy
is evidently present.

OPINION:

G.R. No. 187730

June 29, 2010
I, J. VELASCO,JR.

People vs. Gallo

ROSALIESANTAJ. FLORENTIN
FILRO: 006

FACTS:
That on or about the period comprising March 21, 2003 to March 28,
2003, in Pasay City, Rachel Balagan, Rosabel Balagan and Herminia Avila
conspired and confederated together and mutually helped one another, by
falsely represented themselves to have the capacity to contract, enlist, employ,
and recruit workers for overseas deployment/employment as Factory Worker in
Ireland, for a fee recruited and promised overseas deployment/employment to
private complainant Michael O. Fernandez without first securing the required
license or authority from the POEA.
ISSUE:
Whether or not the three accused are guilty of syndicated illegal
recruitment?
LAWS INVOLVED:

RULING:
In the case for Syndicated Illegal Recruitment, the appellate court
credited the position of the Office of the Solicitor General that the prosecution
failed to establish that the illegal recruitment was committed by a syndicate. It
instead found appellants culpable of Simple Illegal Recruitment.

OPINION:

G.R. No. 179907

February 12, 2009
III, J. NACHURA

Lapasaran vs. People

ROSALIE SANTAJ. FLORENTIN
FILRO: 007

FACTS:
In September 2001, private complainant Menardo Villarin (Menardo) and
his sister Vilma Villarin (Vilma) met petitioner Arlene N. Lapasaran, who worked
at Silver Jet Travel Tours Agency (Silver Jet) at SIMCAS Building, Makati. For a
fee of P85,000.00, petitioner undertook the processing of the papers necessary
for the deployment (under a tourist visa) and employment of Menardo in South
Korea. Petitioner informed Menardo that he would be employed as factory
worker, which was, subsequently, changed to bakery worker. Thereafter,
Menardo paid the said fee in installments.
After two postponements in his flight schedule, Menardo finally left for
South Korea on November 25, 2001. Unfortunately, he was incarcerated by
South Korean immigration authorities and was immediately deported to the
Philippines because the travel documents issued to him by the petitioner were
fake. He immediately contacted petitioner and informed her of what
happened. Thereupon, petitioner promised to send him back to South Korea,
but the promise was never fulfilled. Consequently, Menardo and his sister
Vilma demanded the return of the money they paid, but petitioner refused and
even said, Magkorte na lang tayo. It was later found out that petitioner was
no longer connected with Silver Jet.
ISSUE:
Whether or not the laws on illegal recruitment and estafa are applicable
in the case at bar.
LAWS INVOLVED:
Secs.6 and 7 (a) of RA 8042.
RULING:
Illegal recruitment is committed when it is shown that petitioner gave the
complainant the distinct impression that she had the power or ability to send
the complainant abroad for work, such that the latter was convinced to part
with his money in order to be employed. To be engaged in the practice of
recruitment and placement, it is plain that there must, at least, be a promise or
an offer of employment from the person posing as a recruiter whether locally or
abroad. Petitioners misrepresentations concerning her purported power and
authority to recruit for overseas employment, and the collection from Menardo
of various amounts, clearly indicate acts constitutive of illegal recruitment.
OPINION:

G.R. No. 181475

April 7, 2009
II, J. CARPIO-MORALES

People vs. Domingo

ROSALIE SANTAJ. FLORENTIN
FILRO: 008

FACTS:
That in or about the month of November 1999 to January 20, 2000, in
Malolos, Bulacan, accused Domingo, being a non-licensee or non-holder of
authority from the Department of Labor and Employment recruited and/or
placed workers under local or overseas employment, did then and there
willfully and feloniously, with false pretenses, undertake illegal recruitment,
placement or deployment of Wilson A. Manzo, Florentino M. Ondra, Feliciano S.
del Rosario, Leo J. Cruz, Norberto S. Surio, Genaro B. Rodriguez, Mariano
Aguilar, Dionisio Aguilar, Mario J. Sorel, Marcial "Boy" A. dela Cruz, Edgardo P.
Jumaquio, Midel Clara Buensuceso, Remigio S. Carreon, Jr., Romeo Manasala,
Magno D. Balatbat, Jose Armen F. Sunga, Rogelio M. Cambay, Junior Balisbis,
Ma. Leah Vivas, Simeon S. Cabigao, Edcil P. Mariano, Juanito C. Bartolome,
Angelito R. Acevedo, Godofredo P. Samson, Eugenio del Rosario y Tolentino,
William B. Bautista, Rodolfo M. Marcelino, Roberto B. Bohol, Felipe H. Cunanan,
Carlos P. Dechavez, Carlos J. Cruz, Reynaldo C. Chico, Renato D. Jumaquio,
Narciso F. Sunga, Enrico R. Espiritu, Leonardo C. Sunga, Jr., and Iglecerio H.
Perez.
ISSUE:
Whether or not Domingo is guilty of illegal recruitment in a large scale.
LAWS INVOLVED:
Articles 13 (b) and 38 of the Labor Code.
RULING:
The Court finds that the prosecution ably discharged its onus of proving
the guilt beyond reasonable doubt of appellant of the crimes of illegal
recruitment in a large scale.
That no receipt or document in which appellant acknowledged receipt of
money for the promised jobs was adduced in evidence does not free him of
liability. For even if at the time appellant was promising employment no cash
was given to him, he is still considered as having been engaged in recruitment
activities, since Article 13(b) of the Labor Code states that the act of
recruitment may be for profit or not. It suffices that appellant promised or
offered employment for a fee to the complaining witnesses to warrant his
conviction for illegal recruitment.
OPINION:

G.R. No. 179934

May 21, 2009
I, J. CARPIO

People vs. Abordo

ROSALIE SANTAJ. FLORENTIN
FILRO: 009

FACTS:
From February to December 1994 at Brgy. Poblacion, Villasis, Pangasinan,
accused Erlinda Abordo and Vina Cabanlong recruited Jesus Rayray, Jaime
Fernandez, Exequiel Mendoza and Esmenia Carino for employment abroad
without first securing the requisite license or authority from DOLE. The
complainants filed separate informations.
ISSUE:
Whether Abordo guilty of simple illegal recruitment or in a large scale.
LAW INVOLVED:
Article 13 (b) of the Labor Code.
RULING:
Since, the accused were prosecuted under several information for
different complainants, the penalty imposed should be for each information
charged. To convict the accused for illegal recruitment in large scale, there
must be one information that must include all the complainants. Hence, the
accused were guilty of simple illegal recruitment.
OPINION:

G.R. No. 179931

October 26, 2009
FLORENTIN
II, J. QUISUMBING

People vs. Adeser

ROSALIE SANTAJ.
FILRO: 010

FACTS:
Sometime in November 2002, private complainant Josephine R. Palo met
the spouses Tiongson, agents of Naples Travel and Tours. They introduced Palo
to appellant Adeser, owner and general manager of Naples, to discuss
employment opportunities in Australia. After Palo made her payments, she was
required to submit her resume and pictures and was promised that she would
be employed in three months. More than three months passed, Palo was not
deployed in Australia. Neither did she get her Australian Visa.
ISSUE:
Is appellant Adeser guilty of syndicated illegal recruitment.
LAWS INVOLVED:
Articles 13 (b) and 34 of the Labor Code.
RULING:
Undoubtedly, what transpired in the instant case is illegal recruitment by
a syndicate. As categorically testified by Palo and Caraig, appellant, together
with her co-accused, made representations to Palo that they could send her to
Australia to work as an apple picker. There is no denying that they gave Palo
the distinct impression that they had the power or ability to send her abroad for
work such that the latter was convinced to part with a huge amount of money
as placement fee in order to be employed. And this act was committed by
appellant and her co-accused
even if they did not have the required license to do so. Hence, they are guilty of
syndicated estafa.
OPINION: