G. R. No. 178337
10 of 21
http://sc.judiciary.gov.ph/jurisprudence/2009/june2009/178337.htm
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 an offense involving economic
sabotage.
Illegal recruitment is deemed committed by a syndicate if 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.
Art. 315, par. 2(a) of the Revised Penal Code, on the other hand, enumerates one of the
modes of committing estafa, thus:
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2. By means of any of the following false pretenses or fraudulent acts executed
prior to or simultaneously with the commission of the fraud:
(a) By using fictitious name, or falsely pretending to possess power, influence,
qualifications, property, credit, agency, business or imaginary transactions, or by means of
other similar deceits.
Illegal recruitment is committed when two essential elements concur:
(1) that the offender has no valid license or authority required by law to enable him
to lawfully engage in the recruitment and placement of workers, and
(2) that the offender undertakes any activity within the meaning of recruitment and
placement defined under Article 13(b), or any prohibited practices enumerated under
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Article 34 of the Labor Code.
Article 13(b) of the Labor Code defines recruitment and placement as:
Any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or
procuring workers, and includes referrals, contract services, promising or advertising for
employment, locally or abroad, whether for profit or not: Provided, that any person or
entity which, in any manner, offers or promises for a fee employment to two or more
persons shall be deemed engaged in recruitment and placement. (Emphasis supplied.)
In this case, the first element is, indeed, present. The prosecution established,
through Belen Blones of the Licensing Branch of the POEA, who identified and confirmed
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