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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
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