5/28/2020
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(k) To withhold or deny travel documents from applicant workers before
departure for monetary or financial considerations other than those
authorized under the Labor Code and its implementing rules and
regulations;
(l) Failure to actually deploy without valid reasons as determined by
the Department of Labor and Employment; and
(m) Failure to reimburse expenses incurred by the workers in
connection with his documentation and processing for purposes of
deployment, in cases where the deployment does not actually take
place without the worker's fault. Illegal recruitment when
committed by a syndicate or in large scale shall be considered as
offense involving economic sabotage.
Illegal recruitment is deemed committed by a syndicate carried out by a
group of three (3) or more persons conspiring or confederating with one
another. It is deemed committed in large scale if committed against three
(3) or more persons individually or as a group.
The persons criminally liable for the above offenses are the
principals, accomplices and accessories. In case of juridical persons,
the officers having control, management or direction of their
business shall be liable.[24]
In the present case, both the RTC and the CA found that the prosecution has
established that petitioner and her co-accused committed the acts enumerated under
the provisions of Section 6 (a), (1) and (m) of RA 8042 when: (1) they separately
charged the private complainants the amounts of P132,460.00, P120,000.00 and
P21,400.00 as placement fees; (2) they failed to actually deploy the private
complainants without valid reasons, and; (3) they failed to reimburse the said
complainants after such failure to deploy.
As to the charge of estafa, the act complained of in the instant case is penalized under
Article 315, paragraph 2(a) of the RPC, wherein estafa is committed by any person who
shall defraud another by false pretenses or fraudulent acts executed prior to or
simultaneously with the commission of the fraud. It is committed by using fictitious
name, or by pretending to possess power, influence, qualifications, property, credit,
agency, business or imaginary transactions, or by means of other similar deceits. The
elements of estafa by means of deceit are the following, viz.: (a) that there must be a
false pretense or fraudulent representation as to his power, influence, qualifications,
property, credit, agency, business or imaginary transactions; (b) that such false
pretense or fraudulent representation was made or executed prior to or simultaneously
with the commission of the fraud; (c) that the offended party relied on the false
pretense, fraudulent act, or fraudulent means and was induced to part with his money
or property; and (d) that, as a result thereof, the offended party suffered damage.[25]
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