People vs Luto : 113344 : July 28, 1997 : J. Vitug : First Division 1 of 6 http://sc.judiciary.gov.ph/jurisprudence/1997/jul1997/113344.htm FIRST DIVISION [G.R. No. 113344. July 28, 1997] PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FRANCISCO SANTOS y SANTAMARIA and ATANACIO LUTO y LIMBOY, accused, ATANACIO LUTO y LIMBOY, accused-appellant. DECISION VITUG, J.: The appeal seeks a review of the decision[1] of the Regional Trial Court of Manila, Branch XII, finding Francisco Santos y Santamaria and appellant Atanacio Luto y Limboy guilty beyond reasonable doubt of illegal recruitment in large scale; imposing on each of them the penalty of life imprisonment, as well as a fine of P100,000.00; and ordering both accused to pay, jointly and severally, four of their victims an indemnity of P35,000.00. Luto and Santos were charged, in an information filed on 06 November 1989, with violation of Article 38(a) of Presidential Decree ("PD") 1412, amending certain provisions of Book I of PD 442 (Labor Code), in relation to Article 13(b) and (c) thereof, as further amended by PD 1693, PD 1920 and PD 2018. The two accused pleaded "not guilty" to the accusation.[2] The prosecution and the defense stipulated that the accused were not, at any time (particularly during the period in or about June 1989), registered, licensed or authorized by the Philippine Overseas Employment Administration ("POEA") to recruit workers for overseas employment.[3] The Solicitor General summed up the evidence presented at the trial by the prosecution. "Sometime in the early part of 1989, appellant was introduced to Nenita Convucar by a certain Mr. Moran, a former officemate of her uncle (p. 2, TSN, Aug. 28, 1990). Appellant in turn introduced his co-accused Francisco Santos a.k.a. Mr. Paco Sta. Maria to Nenita Convucar as his business partner for some ten years already (p. 3, TSN, Aug. 28, 1990; pp. 5 & 7, TSN, Sept. 19, 1990). The duo, appellant and Santos, informed Convucar that Santos has employer in Singapore and Nigeria (p. 3, TSN, Aug. 28, 1990). "After some negotiation, in the early part of June 1989, the trio agreed to engage in the recruitment of workers for overseas employment, (Ibid.). They used the business name NPC Philippine Austrian Friendship Center, an enterprise engaged in 'matching Filipina women to foreigner' using the residence cum office of its owner, Convucar, located in 1940 and 1938 Jorge Bacobo St., Malate, Manila as its recruitment office (pp. 3-4, TSN, Aug. 28, 1990, p. 6, TSN, Sept. 19, 1990). As is usual with recruitment companies, they advertised for overseas jobs, causing several applicants to trek to their office (pp.4-5, TSN, Aug. 28, 1990). "Meantime, on July 24, 1989, Santos left for Singapore and during his absence, appellant and his wife took over the recruitment business (p. 4, TSN, Aug. 28, 1990; p. 6, TSN, Sept. 19, 1990). "None of the applicants numbering at least thirty (30) was able to leave for overseas employment (p. 3, TSN, Aug. 28, 1990). "Thus, complaints for Illegal Recruitment were filed against appellant and Santos only (Exh. 'L', p. 203, 1/24/2016 9:43 PM