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ROSITA SY VS. PEOPLE OF THE PHILIPPINES
GR. NO. 183879, 14 APRIL 2010
By: Mu!"y"#, E$%"&$'
LLB I(1
REPUBLIC ACT NO. 8042 (SECTION 6)
ILLEGAL RECRUITMENT
FA)TS:
Rosita Sy (Sy) was charged with one count of illegal recruitment in Criminal Case No. 02-
053 and one count of estafa in Criminal Case No. 02-053!. "n a #oint decision of the Regional
$rial Court (R$C)% Sy was e&onerated of the illegal recruitment charge. 'owe(er% she was
con(icted of the crime of estafa. $hus% the instant a))eal in(ol(es only Criminal Case No. 02-
053! for the crime of estafa.
ISS*E:
*hether or not the filing of "llegal Recruitment +ars the filing of ,stafa or (ice (ersa.
HEL+:
-"llegal recruitment and estafa cases may +e filed simultaneously or se)arately. $he filing
of charges for illegal recruitment does not +ar the filing of estafa% and (ice (ersa. Sy.s ac/uittal in
the illegal recruitment case does not )ro(e that she is not guilty of estafa. "llegal recruitment and
estafa are entirely different offenses and neither one necessarily includes or is necessarily
included in the other. 0 )erson who is con(icted of illegal recruitment may% in addition% +e
con(icted of estafa under 0rticle 315% )aragra)h 2(a) of the R2C. "n the same manner% a )erson
ac/uitted of illegal recruitment may +e held lia+le for estafa. 3ou+le #eo)ardy will not set in
+ecause illegal recruitment is malum )rohi+itum% in which there is no necessity to )ro(e criminal
intent% whereas estafa is malum in se% in the )rosecution of which% )roof of criminal intent is
necessary.4
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PEOPLE OF THE PHILIPPINES VS. HA+,A ,ARMA
LALLI Y P*RIH, ET. AL.
G.R. NO. 19-419, 12 O)TOBER 2011
By: )"!".", S/01$y L'u21& +.
LLB I(1
REPUBLIC ACT NO. 8042 (SECTION 6)
ILLEGAL RECRUITMENT
FA)TS:
0ccused% 'ad#a 5arma 6alli y 2urih% Ronnie 0ringoy y 7asion% and Nestor Relam)agos%
were con(icted of the crime of "llegal Recruitment in (iolation of Re)u+lic 0ct No. 8092 (Sec.!).
$he a+o(ementioned accused )romised (ictim an em)loyment in 7alaysia as restaurant
entertainer. She will ser(e food to customers and she will not +e harmed. 'owe(er% des)ite
ser(ing as restaurant entertainer % 6olita 2lando was forced to wor: as entertainer at 2i)en Clu+%
a two-storey +uilding noo: for )rostitution where a+out 100 women are wor:ing% many of them
were ;ili)ina women.
ISS*E:
*hether the Court of 0))eals committed a re(ersi+le error in affirming in toto the R$C
decision for sentencing the accused herein.
HEL+:
N<. $he Su)reme Court finds no re(ersi+le error in affirming the decision of the lower
court. "n this case% the trial court% as affirmed +y the a))ellate court% found 6alli% 0ringoy and
Relam)agos to ha(e cons)ired and confederated with one another to recruit and )lace 6olita for
wor: in 7alaysia% without a 2<,0 license. $he three elements of syndicated illegal recruitment
are )resent in this case% in )articular= (1) the accused ha(e no (alid license or authority re/uired
+y law to ena+le them to lawfully engage in the recruitment and )lacement of wor:ers> (2) the
accused engaged in this acti(ity of recruitment and )lacement +y actually recruiting% de)loying
and trans)orting 6olita to 7alaysia> and (3) illegal recruitment was committed +y three )ersons
(0ringoy% 6alli and Relam)agos)% cons)iring and confederating with one another.
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PEOPLE OF THE PHILIPPINES VS. ROSARIO 3ROSE3 O)HOA
G.R. NO. 173792, 31 A*G*ST 2011
By: )"!".", S/01$y L'u21& +.
LLB I(1
REPUBLIC ACT NO. 8042 (SECTION 6)
ILLEGAL RECRUITMENT
FA)TS:
<n 1 0)ril 200% the lower court finds the accused% R<S0R"< ?R<S,? <C'<0%
guilty +eyond reasona+le dou+t as )rinci)al of "66,@06 R,CRA"$7,N$ "N 60R@, SC06,%
defined and )enaliBed in Section ! in relation to Section (+) of Re)u+lic 0ct No. 8092% and
sentences her to life im)risonment and a fine of <ne 7illion 2esos. 0ccording to the )ri(ate
com)lainants% they were recruited +y <choa from 5anuary to 7arch 1CC8 for (arious #o+s in
either $aiwan or Saudi 0ra+ia. 'owe(er% they were defrauded +y the latter and a+sconded
together with the remitted money they )aid in consideration of the same. <n a))eal +y the
accused-a))ellant% the Court of 0))eals rendered the )etition NA66 and D<"3 for itEs lac: of
#urisdiction o(er the case% there+y ordered the transfer to the Su)reme Court.
ISS*E:
*hether the Court of 0))eals committed a re(ersi+le error in rendering such decision.
HEL+:
N<. $he Su)reme Court finds no re(ersi+le error in the assailed Court of 0))eals
decision. <choa was charged with (iolation of Section ! of Re)u+lic 0ct No. 8092. Said
)ro(ision +roadens the conce)t of illegal recruitment under the 6a+or Code and )ro(ides stiffer
)enalties% es)ecially for those that constitute economic sa+otage% i.e.% illegal recruitment in large
scale and illegal recruitment committed +y a syndicate.
"t is well-settled that to )ro(e illegal recruitment% it must +e shown that a))ellant ga(e
com)lainants the distinct im)ression that she had the )ower or a+ility to send com)lainants a+road for
wor: such that the latter were con(inced to )art with their money in order to +e em)loyed. 0ll eight )ri(ate
com)lainants herein consistently declared that <choa offered and )romised them em)loyment o(erseas.
<choa re/uired )ri(ate com)lainants to su+mit their +io-data% +irth certificates% and )ass)orts% which
)ri(ate com)lainants did. 2ri(ate com)lainants also ga(e (arious amounts to <choa as )ayment for
)lacement and medical fees as e(idenced +y the recei)ts <choa issued to @u+at% Cesar% and 0gustin.
3es)ite )ri(ate com)lainants. com)liance with all the re/uirements <choa s)ecified% they were not a+le to
lea(e for wor: a+road. 2ri(ate com)lainants )leaded that <choa return their hard-earned money% +ut
<choa failed to do so.
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PEOPLE OF THE PHILIPPINES VS. RO+OLFO GALLO Y
GA+OT, ET. AL.
G.R. NO. 187730, 29 ,*NE 2010
By: T", A41%"05
LLB I(1
REPUBLIC ACT NO. 8042 (SECTION 6)
ILLEGAL RECRUITMENT
FA)TS:
<n 7ay 22% 2001% 3ela CaBa was introduced +y ,leanor 2anuncio to accused-a))ellant
@allo% 2acardo% 7anta% 7ardeolyn% 6ulu 7endanes% Feo Sin Ang and another Gorean national at
the office of 727 "nternational Recruitment and 2romotion 0gency (?727 0gency?) located in
7alate% 7anila.
3ela CaBa was told that 7ardeolyn was the 2resident of 727 0gency% while Nelmar
7artir was one of the incor)orators. 0ccused-a))ellant @allo then introduced himself as a
relati(e of 7ardeolyn and informed 3ela CaBa that the agency was a+le to send many wor:ers
a+road. 3ela CaBa was told of the )lacement fee with a down )ayment and the +alance to +e
)aid +y salary deduction. $ogether with other a))licants she was +riefed a+out the )rocessing of
their a))lication )a)ers for #o+ )lacement in Gorea as a factory wor:er and their )ossi+le salary.
3ela CaBa was con(inced and on 7ay 2C% 2001 )aid the down )ayment to 727 and was issued
an <fficial Recei)t No. 901.
3ela CaBa decided to withdraw his a))lication u)on finding out that the agency changed
its name and also changed the office address. 'e wanted to reco(er the amount he )aid +ut he
was tal:ed out from )ursuing his decision.
0fter two (2) more months of waiting in (ain to +e de)loyed% 3ela CaBa and the other
a))licants decided to ta:e action.
;or his defense% accused-a))ellant denied ha(ing any )art in the recruitment of 3ela
CaBa. "n fact% he testified that he also a))lied with 727 0gency for de)loyment to Gorea as a
factory wor:er.
ISS*E:
*hether or not accused-a))ellant is criminally lia+le for "llegal recruitment.
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REPUBLIC ACT NO. 8042 (SECTION 6)
ILLEGAL RECRUITMENT
HEL+:
$he accused-a))ellant is criminally lia+le for illegal recruitment.
$o commit syndicated illegal recruitment% three elements must +e esta+lished= (1) the
offender underta:es either any acti(ity within the meaning of ?recruitment and )lacement?
defined under 0rticle 13(+)% or any of the )rohi+ited )ractices enumerated under 0rt. 39 of the
6a+or Code> (2) he has no (alid license or authority re/uired +y law to ena+le one to lawfully
engage in recruitment and )lacement of wor:ers>H8I and (3) the illegal recruitment is committed
+y a grou) of three (3) or more )ersons cons)iring or confederating with one another.HCI *hen
illegal recruitment is committed +y a syndicate or in large scale% i.e.% if it is committed against
three (3) or more )ersons indi(idually or as a grou)% it is considered an offense in(ol(ing
economic sa+otage.H10I
Ander 0rt. 13(+) of the 6a+or Code% ?recruitment and )lacement? refers to ?any act of
can(assing% enlisting% contracting% trans)orting% utiliBing% hiring or )rocuring wor:ers% and
includes referrals% contract ser(ices% )romising or ad(ertising for em)loyment% locally or a+road%
whether for )rofit or not?.
0fter a thorough re(iew of the records% we +elie(e that the )rosecution was a+le to
esta+lish the elements of the offense sufficiently. $he e(idence readily re(eals that 727 0gency
was ne(er licensed +y the 2<,0 to recruit wor:ers for o(erseas em)loyment.
,(en with a license% howe(er% illegal recruitment could still +e committed under Section !
of Re)u+lic 0ct No. 8092 (?R.0. 8092?)% otherwise :nown as the 7igrants and <(erseas ;ili)inos
0ct of 1CC5% (iB=
Sec. !. 3efinition. - ;or )ur)oses of this 0ct% illegal recruitment shall mean any act of
can(assing% enlisting% contracting% trans)orting% utiliBing% hiring% or )rocuring wor:ers and
includes referring% contract ser(ices% )romising or ad(ertising for em)loyment a+road%
whether for )rofit or not% when underta:en +y a non-licensee or non-holder of authority
contem)lated under 0rticle 13(f) of 2residential 3ecree No. 992% as amended% otherwise
:nown as the 6a+or Code of the 2hili))ines= 2ro(ided% $hat any such non-licensee or
non-holder who% in any manner% offers or )romises for a fee em)loyment a+road to two or
more )ersons shall +e deemed so engaged. "t shall% li:ewise% include the following act%
whether committed +y any )erson% whether a non-licensee% non-holder% licensee or holder
of authority=
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NATIONAL B*REA* OF INVESTIGATION
VS. ,*+GE FRAN)IS)O +. VILLAN*EVA
A.M. N'. MT,(99(1207, 21 NOVEMBER 2001
By: T", A41%"05
LLB I(1
REPUBLIC ACT NO. 8042 (SECTION 6)
ILLEGAL RECRUITMENT
(a) $o charge or acce)t directly or indirectly any amount greater than that s)ecified in the
schedule of allowa+le fees )rescri+ed +y the Secretary of 6a+or and ,m)loyment% or to
ma:e a wor:er )ay any amount greater than that actually recei(ed +y him as a loan or
ad(ance>
& & & &
(l) ;ailure to actually de)loy without (alid reason as determined +y the 3e)artment of
6a+or and ,m)loyment> and
(m) ;ailure to reim+urse e&)enses incurred +y the wor:er in connection with his
documentation and )rocessing for )ur)oses of de)loyment and )rocessing for )ur)oses
of de)loyment% in cases where the de)loyment does not actually ta:e )lace without the
wor:er.s fault. "llegal recruitment when committed +y a syndicate or in large scale shall +e
considered an offense in(ol(ing economic sa+otage.
"llegal recruitment is deemed committed +y a syndicate if carried out +y a grou) of three
(3) or more )ersons cons)iring or confederating with one another. "t is deemed committed
in large scale if committed against three (3) or more )ersons indi(idually or as a grou).
$he )ersons criminally lia+le for the a+o(e offenses are the )rinci)als% accom)lices and
accessories. "n case of #uridical )ersons% the officers ha(ing control% management or
direction of their +usiness shall +e lia+le.
"n the instant case% accused-a))ellant committed the acts enumerated in Sec. ! of R.0.
8092. $estimonial e(idence )resented +y the )rosecution clearly shows that% in consideration of
a )romise of foreign em)loyment% accused-a))ellant recei(ed the amount of 2h) 95%000.00
from 3ela CaBa. *hen accused-a))ellant made misre)resentations concerning the agency.s
)ur)orted )ower and authority to recruit for o(erseas em)loyment% and in the )rocess% collected
money in the guise of )lacement fees% the former clearly committed acts constituti(e of illegal
recruitment.
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PEOPLE OF THE PHILIPPINES VS. MELISSA )H*A
G.R. NO. 1840-8, 10 MAR)H 2010
By: T", A41%"05
LLB I(1
REPUBLIC ACT NO. 8042 (SECTION 6)
ILLEGAL RECRUITMENT
FA)TS:
$he in(estigation on the matter +egan on 0ugust 29% 1CCC and continued until 0)ril 1C%
2001. 7arlyn Sumadila and 5oy ,lardo recruited 5o+et 3iocales% 5anet Ramas and 5u(ylyn
Re/uilmen and +rought them from $agum to 7anila in the morning 5anuary 1C% 1CCC. $hey were
+rought to the house of 7arianB li(e-in-)artner 5udge ;rancisco Dillanue(a. "n the e(ening of
5anuary 23% 1CCC 5o+et% 5anet and 5u(ylyn were +rought +y 7arian and res)ondent 5udge to
Jodega Nightclu+ where they started wor:ing as @R<s% after they sto))ed wor:ing in the said
night clu+ they were +rought to a G$D Night Clu+ in $imog% which they also sto))ed wor:ing
which angered the res)ondent 5udge. "n the e(ening of ;e+ruary 11% 1CCC they were rescued +y
the NJ".
$hus% an administrati(e charge was filed for illegal recruitment under Re)u+lic 0ct (R0)
8092 and white sla(e trade under the Re(ised 2enal Code in relation to R0 !10.
ISS*E:
*hether or not the res)ondent charge is guilty for illegal recruitment under Re)u+lic 0ct
(R0) 8092 and white sla(e trade under the Re(ised 2enal Code in relation to R0 !10.
HEL+:
$he Court rules that res)ondent is administrati(ely lia+le for immorality and un+ecoming
conduct% +ut not for gross or serious misconduct.
$he e(idence shows that res)ondent is not the owner of any of the esta+lishments
in(ol(ed in this case. 7oreo(er% there is no showing that the three alleged (ictims were +eing
forced to wor: as guest relations officers (@R<s) or that their )ri(ate )arts were fondled +y
customers. 0s testified to +y the three young women% they had (oluntarily gone with res)ondent
to the night clu+s to see: #o+s.
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REPUBLIC ACT NO. 8042 (SECTION 6)
ILLEGAL RECRUITMENT
FA)TS:
3uring the month of Se)tem+er% 2002% in the City of 7anila% 2hili))ines% the said
accused% re)resented herself to ha(e the ca)acity to contract% enlist and trans)ort ;ili)ino
wor:ers for em)loyment a+road% recruited and )romised for an em)loymentK#o+ )lacement
a+road ,R"G 3, @A"0 $0N% 70R"6FN <. 70C0R0N0S% N02<6,<N '. FA% 5R.% '0RRF
507,S 2. G"N@ and R<J,R$< C. 0N@,6,S without first ha(ing secured the re/uired license
from the 3e)artment of 6a+or and ,m)loyment as re/uired +y law. ;rom which a))ellant
charged and recei(ed the fee of 23%000.00 from ,ri: de @uia $an% 2 83%000.00 from 7arilyn <.
7acaranas% 223%000.00 from Na)oleon '. Fu% 223%000.00 from 'arry 5ames 2. Ging and
223%000.00 from Ro+erto C. 0ngeles.
0))ellant denied the charges% +ut admitted ha(ing recei(ed 280%000 each from 7arilyn
and $an% recei)t of which she issued +ut denying recei(ing any amount from Ging. Jy 3ecision
of 0)ril 5% 200!% Jranch 3! of the 7anila R$C con(icted a))ellant of "llegal Recruitment (6arge
Scale) and three counts of ,stafa.
$he Court of 0))eals% affirmed the trial courtEs decision +y the challenged 3ecision of
;e+ruary 2% 2008% it holding that a))ellantEs defense that% as tem)orary cashier of @olden @ate%
she recei(ed the money which was ultimately remitted to 7arilyn Calueng is immaterial% she
ha(ing failed to )ro(e the e&istence of an em)loyment relationshi) +etween her and 7arilyn% as
well as the legitimacy of the o)erations of @olden @ate and the e&tent of her in(ol(ement
therein.
ISS*E:
*hether or not the accused-a))ellant is guilty of illegal recruitment% holding the defense
that she is only a tem)orary cashier.
HEL+: 2etition is 3,N",3% accused-a))ellant is guilty of illegal recruitment.
;or illegal recruitment in large scale to )ros)er% the )rosecution has to )ro(e three
essential elements% to wit= (1) the accused undertoo: a recruitment acti(ity under 0rticle 13(+) or
any )rohi+ited )ractice under 0rticle 39 of the 6a+or Code> (2) the accused did not ha(e the
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PEOPLE VS. )ORP*6
G.R. NO 148198, 01 O)TOBER 2003
By: A571", A" A5y!!"
LLB I(1I(1
REPUBLIC ACT NO. 8042 (SECTION 6)
ILLEGAL RECRUITMENT
license or the authority to lawfully engage in the recruitment and )lacement of wor:ers> and (3)
the accused committed such illegal acti(ity against three or more )ersons indi(idually or as a
grou).HCI
"n the )resent case% @olden @ate% of which a))ellant admitted +eing a cashier from
5anuary to <cto+er 2002% was initially authoriBed to recruit wor:ers for de)loyment a+road. 2er
the certification from the 2<,0% @olden @ateEs license only e&)ired on ;e+ruary 23% 2002 and it
was delisted from the roster of licensed agencies on 0)ril 2% 2002.
0))ellant was )ositi(ely )ointed to as one of the )ersons who enticed the com)lainants
to )art with their money u)on the fraudulent re)resentation that they would +e a+le to secure for
them em)loyment a+road. "n the a+sence of any e(idence that the com)lainants were
moti(ated +y im)ro)er moti(es% the trial courtEs assessment of their credi+ility shall not +e
interfered with +y the Court.
,(en if a))ellant were a mere tem)orary cashier of @olden @ate% that did not ma:e her
any less an em)loyee to +e held lia+le for illegal recruitment as )rinci)al +y direct )artici)ation%
together with the em)loyer% as it was shown that she acti(ely and consciously )artici)ated in the
recruitment )rocess.
0ssuming arguendo that a))ellant was unaware of the illegal nature of the recruitment
+usiness of @olden @ate% that does not free her of lia+ility either. "llegal Recruitment in 6arge
Scale )enaliBed under Re)u+lic 0ct No. 8092% or -$he 7igrant *or:ers and <(erseas ;ili)inos
0ct of 1CC5%4 is a s)ecial law% a (iolation of which is malum )rohi+itum% not malum in se. "ntent is
thus immaterial. 0nd that e&)lains why a))ellant was% aside from ,stafa% con(icted of such
offense.
H"Illegal recruitment is malum )rohi+itum% while estafa is malum in se. "n the first% the criminal intent
of the accused is not necessary for con(iction. "n the second% such an intent is im)erati(e. ,stafa under
0rticle 315% )aragra)h 2% of the Re(ised 2enal Code% is committed +y any )erson who defrauds another +y
using fictitious name% or falsely )retends to )ossess )ower% influence% /ualifications% )ro)erty% credit% agency%
+usiness or imaginary transactions% or +y means of similar deceits e&ecuted )rior to or simultaneously with
the commission of fraud.
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PEOPLE OF THE PHILIPPINES VS. +OLORES O)+EN
G.R. NO. 173198, 01 ,*LY 2011
By: A571", A" A5y!!"
LLB I(1
REPUBLIC ACT NO. 8042 (SECTION 6)
ILLEGAL RECRUITMENT
FA)TS:
,liBa+eth Cor)uB is a Secretary for 0lga-7oher "nternational 2lacement Ser(ices
Cor)oration. 7rs. ,(elyn @loria '. Reyes is the )resident and general-manager. Com)lainants
)aid 210% 000 each for )rocessing fee and it was acce)ted +y ,liBa+eth Cor)uB +ecause 7rs.
Reyes was not in the office. $wo months later% nothing ha))ened to their a))lications. $hus%
)ri(ate com)lainants decided to as: for the refund of their money from a))ellant who told them
that the )rocessing fees they had )aid were already remitted to 7rs. Reyes. *hen they tal:ed
to 7rs. Reyes% she told them that the money she recei(ed from a))ellant was in )ayment of the
latterEs de+t. Cor)uB was sentenced to life im)risonment and fined.
ISS*E:
*hether or not Cor)uB% +eing the secretary is guilty for illegal recruitment.
HEL+:
0n em)loyee of a com)any or cor)oration engaged in illegal recruitment may +e held
lia+le as )rinci)al% together with his em)loyer% if it is shown that he acti(ely and consciously
)artici)ated in illegal recruitment. Settled is the rule that the e&istence of the cor)orate entity
does not shield from )rosecution the cor)orate agent who :nowingly and intentionally causes
the cor)oration to commit a crime. $he cor)oration o+(iously acts% and can act% only +y and
through its human agents% and it is their conduct which the law must deter. $he em)loyee or
agent of a cor)oration engaged in unlawful +usiness naturally aids and a+ets in the carrying on
of such +usiness and will +e )rosecuted as )rinci)al if% with :nowledge of the +usiness% its
)ur)ose and effect% he consciously contri+utes his efforts to its conduct and )romotion% howe(er
slight his contri+ution may +e. $he law of agency% as a))lied in ci(il cases% has no a))lication in
criminal cases% and no man can esca)e )unishment when he )artici)ates in the commission of a
crime u)on the ground that he sim)ly acted as an agent of any )arty. $he cul)a+ility of the
em)loyee therefore hinges on his :nowledge of the offense and his acti(e )artici)ation in its
commission. *here it is shown that the em)loyee was merely acting under the direction of his
su)eriors and was unaware that his acts constituted a crime% he may not +e held criminally lia+le
for an act done for and in +ehalf of his em)loyer.
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REPUBLIC ACT NO. 8042 (SECTION 6)
ILLEGAL RECRUITMENT
FA)TS:
3olores <cden was charged for large scale illegal recruitment. She was alleged of
decei(ing )eo)le of #o+ a(aila+le in "taly and charging them of 20% 000 for )lacement fees. She
is sending these )eo)le to Lam+oanga and said that it will +e faster for them to )rocess this
through Lam+oanga and 7alaysia. Su+se/uently% the )eo)le she recruited found out that she
doesnEt ha(e a license and as:ed for refund. <cden was not a+le to do so. She argued that she
is also a (ictim +ecause she was also told +y -Reyes4 that she will +e wor:ing in "taly and that
she was #ust ad(ised to +e the -leader4 of the recruits from Jaguio.
ISS*E:
*hether or not she is guilty of "llegal recruitment under R.0. 8092.
HEL+:
"t is not necessary for the )rosecution to )resent a certification that <cden is a non-
licensee or non-holder of authority to lawfully engage in the recruitment and )lacement of
wor:ers. Section ! of Re)u+lic 0ct No. 8092 enumerates )articular acts which would constitute
illegal recruitment -whether committed +y any )erson% whether a non-licensee% non-holder%
licensee '& /'5$1& '2 "u7/'&07y.4 0mong such acts% under Section !(m) of Re)u+lic 0ct No.
8092% is the -HfIailure to reim+urse e&)enses incurred +y the wor:er in connection with his
documentation and )rocessing for )ur)oses of de)loyment% in cases where the de)loyment
does not actually ta:e )lace without the wor:erEs fault.4