x x x any person, corporation or entity which has not been issued a valid license or authority to
engage in recruitment and placement by the Secretary of Labor or whose license or authority
has been suspended, revoked or cancelled by the POEA or the Secretary x x x .
Anent the second element, Article 13 (b) of the Labor Code, as amended, states:
Art. 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, contact services, promising or advertising abroad, whether for profit or not; provided
that any person or entity which, in any manner, offers or promises for fee employment to two or
more persons shall be deemed engaged in recruitment and placement.
The evidence shows that appellant promised Garcia employment abroad for fee. Garcia testified:
Q:
After the secretary has introduced Mrs. Boneng to you to be her boss, what did you do?
A:
I asked from Bridget Boneng the rules and what country can I apply, sir.
Q:
Did Mrs. Boneng answer you?
A:
Yes, sir, she told me in Hongkong.
x
x
x
Q: ... what things did you talk about with Mrs. Boneng?
A:
I asked Mrs. Bridget Boneng how much will I spend in applying for Hongkong and she
told me that it was around P30,000.00 and she told me also to submit my birth certificate and for
the passport, she will (sic) take charge of it but I will (sic) add a little amount for the processing
of my papers.
x
x
x
Q:
What did Mrs. Boneng tell you when you told her that you have (sic) P2,000.00 and if
possible, she would work first for your passport and your medical examination?
A:
Bridget Boneng told me to at least solicit the amount of P10,000.00 as down payment
because there is an on going interview in Manila the following Sunday.
Q:
What happen after that?
A:
She accepted the amount of P2,000.00 and I told her that I will (sic) add more.
x
Q:
x
x
Was there a receipt given by Bridget Boneng to you when you delivered the P2,000.00?