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[*] Designated acting member per Special Order No. 2079 dated 29 June 2015.
[1] Penned by Associate Justice
Leoncia Real-Dimagiba, with Associate
Rosmari D. Carandang and Ricardo R. Rosario concurring. Rollo, pp. 2-33.
Justices
[2] Records, p. 1.
[3] Id. at 4.
[4] Id. at 7.
[5] Id. at 10.
[6] Id. at 12.
[7] Id. at 15.
[8] Private complainants Orlando Layoso, Donna Magboo, and Jimmy Lejos were
presented as witnesses for the prosecution, while Marcelino Lejos adopted his Joint
Affidavit of Complaint as his direct testimony.
[9] CA rollo, pp. 30-31.
[10] Article 13(f) of the Labor Code defines authority as "a document issued by the
Department of Labor authorizing a person or association to engage in recruitment and
placement activities as a private recruitment entity."
[11] People v. Ballesteros, 435 Phil. 205 (2002).
[12] AN ACT TO INSTITUTE THE POLICIES OF OVERSEAS EMPLOYMENT AND ESTABLISH
A HIGHER STANDARD OF PROTECTION AND PROMOTION OF THE WELFARE OF
MIGRANT WORKERS, THEIR FAMILIES AND OVERSEAS FILIPINOS IN DISTRESS, AND
FOR OTHER PURPOSES. Approved on 7 June 1995 and took effect on 15 July 1995.
[13] People v. Nogra, 585 Phil. 712 (2008).
[14] Article 34 of the Labor Code reads:
ART. 34. Prohibited practices. - It shall be unlawful for any individual, entity, licensee,
or holder of authority:
(a) To charge or accept directly or indirectly any amount greater than that
specified in the schedule of allowable fees prescribed by the Secretary of
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