serious offense for which the penalty of death or life imprisonment is imposed shall be
by filing a notice of appeal in accordance with paragraph (a) of this Section.
In giving due course to the notice of appeal filed by appellant, the trial court has directed that the
entire records of the seventeen cases should be forwarded to this Court.xlv[45] It might be
observed that this appeal, which has been assigned only one docket number, involves cases,
although spawned under different circumstances could be said to somehow be linked to the
incident giving rise to the case for illegal recruitment in large scale. The cases have thus been
correctly consolidated and heard jointly below. The appeal made directly to this Court of the
seventeen cases, each of which incidentally should have been assigned a separate docket number
in this Court, is properly taken.
Article 38(a) of the Labor Code considers illegal any recruitment activity undertaken by nonlicensees or non-holders of authority. Recruitment is defined by Article 13, paragraph (b), of the
same Code as referring x x x to 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.
Illegal recruitment is committed when two elements concur:
1)
That the offender has no valid license or authority required by law to enable
one to lawfully engage in recruitment and placement of workers; and
2)
That the offender undertakes either any activity within the meaning of
recruitment and placement defined under Article 13(b), or any prohibited
practices enumerated under Article 34.xlvi[46]
Any person who commits the prohibited acts enumerated in Article 13(b) of the Labor Code
shall be liable under Article 38(a) thereof.xlvii[47] The proviso in Article 13(b) lays down a rule of
evidence that where a fee is collected in consideration of a promise or offer of employment to
two or more prospective workers, the individual or entity dealing with them shall be deemed to
be engaged in the act of recruitment and placement.xlviii[48] The article also provides that
recruitment includes the act of referral or the act of passing along or forwarding of an applicant
for employment after an initial interview of a selected applicant for employment to a selected
employer, placement officer or bureau.xlix[49]
The Court agrees with the trial court that appellant, indeed, violated the law against illegal
recruitment.
The prosecution was able to prove by overwhelming evidence that appellant did represent herself
as being in a position to get for the aspiring overseas contract workers good-paying jobs abroad.
Appellant was thus able to demand and receive various amounts from the applicants. The latter