PEOPLE OF THE PHILIPPINES VS. GOCE, ET.AL.

FACTS :

On January 12, 1988, an information for illegal recruitment committed by a syndicate and in
large scale was filed against spouses Goce and Nelly Agustin for allegedly conspiring and
confederating together and helping one another, representing themselves to have the capacity
to contract, enlist and transport Filipino workers for employment abroad. They misrepresented
themselves as owner (spouses Goce) and manager (Agustin) of Clover Placement Agency where
in fact they were not able to secure a license or authority from the Department of Labor.

On January 21, 1987, a warrant of arrest was issued against the three accused but not one of
them was arrested because of such the court ordered the case to be archived but issued a
standing warrant of arrest against the accused.

On March 17, 1989, Rogelio Salado, one of the victims of said illegal recruitment learned the
whereabouts of Nelly Agustin so Salado requested for a copy of the warrant.

Finally, On February 26, 1993, Nelly Agustin was apprehended but her counsel requested for a
motion to revive the case in order for her to have a day in court. Agustin pleaded not guilty and
stated that she only introduced the victims to spouses Goce because she wants to help them
since according to her ,Spouses Goce were the ones who helped her son to be employed in
Saudi Arabia.

Four of the complainants testified for the prosecution stating their own story on how Agustin
collected sums of money from them as payment for placement fee and they further averred that
Agustin told them to check in once in a while in order for the complainants to know the progress
if their application.

Agustin, in her defense alleged that she and spouses Goce were only neighbors and that she was
not employed in the said agency.

The lower court found the accused guilty of illegal recruitment. Hence, this petition.

ISSUE :

WHETHER OR NOT APPELLANT AGUSTIN IS GUILTY OF ILLEGAL RECRUITMENT?

HELD :

YES. The Supreme Court affirmed the decision of the RTC.

It was proven that Agustin indeed committed acts of illegal recruitment. The basis of which are
the testimonies of four of her victims which consistently stated that it was from her that they
learned about the fees they had to pay, as well as the papers that they had to submit it. The
RTC stated in their decision that Agustin being an employee of the Goces, it was therefore
logical for appellant to introduce applicants to said spouses, they being the owners of the
agency of which she was employed. She was therefore engaging in recruitment activity.

Article 38 (a)(b) of the Labor Code provides that;

(a) Any recruitment activities, including the prohibited practices enumerated under Artice 34 of
this code. to be undertaken by none-licensees or non-holders of authority shall be deemed
illegal and punishable under Article 39 of this code. The Department of Labor and Employment
or any law enforcement officer may initiate complaints under this article.

(b) Illegal recruitment when committed by a syndicate or in large scale shall be considered an
offense involving economic sabotage and shall be penalized in accordance with Article 39
hereof.

Illegal recruitment is deemed committed by a syndicate of carried out by a group of three 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 hereof. Illegal
recruitment is deemed to have been committed in large scale if committed against three or
more persons individually or as a group.
It is undisputed that Agustin gave complainants the distinct impression that she had power or
ability to send people abroad for work such that the latter were convinced to give her money
that she demanded. It is unmistakably obvious that she was in fact involved in illegal
recruitment.