6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly 800 Phil. 680 FIRST DIVISION [ G.R. No. 198664, November 23, 2016 ] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. OWEN MARCELO CAGALINGAN AND BEATRIZ B. CAGALINGAN, ACCUSEDAPPELLANTS. DECISION BERSAMIN, J.: Illegal recruitment is a crime committed by a person who, not having the valid license or authority required by law to enable him to lawfully engage in recruitment and placement of workers, undertakes any of the activities within the meaning of "recruitment and placement" mentioned in Article 13(b) of the Labor Code, or any of the prohibited practices enumerated in Section 6 of Republic Act No. 8042 (Migrant Workers' Act), against three or more persons, individually or as a group. The Case The accused-appellants assail the decision promulgated on March 18, 2011,[1] whereby the Court of Appeals (CA) affirmed their convictions for illegal recruitment in large scale and three counts of estafa handed down on November 25, 2004 by the Regional Trial Court (RTC), Branch 18, in Cagayan de Oro City.[2] Antecedents The factual and procedural antecedents, as summarized by the CA, are as follows: Accused-appellants Owen Marcelo Cagalingan (Owen) and Beatriz B. Cagalingan (Beatriz) (accused spouses) were charged with Illegal Recruitment in Large Scale before the Regional Trial Court of Cagayan de Oro City in a complaint initiated by private complainants Reynalyn B. Cagalingan (Reynalyn), Roselle Q. Cagalingan (Roselle), Laarni E. Sanchez (Laarni), Norma R. Cagalingan (Norma); and Arcele J. Bacorro (Arcele). Accused-appellants were likewise indicted for three (3) counts of estafa in the same court by private complainants Reynalyn, Roselle, and Arcele, docketed as Criminal Case Nos. 2003-124, 2003-125, and 2003-238, respectively. The information in Criminal Case No. 2003-173, which charged the accused elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/62691 1/16

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