II. THE COURT A QUO ERRED IN FINDING THE ACCUSED JOSEFINA
ALOLINO GUILTY BEYOND REASONABLE DOUBT BY DIRECT
PARTICIPATION AND IN CONSPIRACY WITH CO-ACCUSED
ALONA BULI-E OF THE CRIME OF ESTAFA AS CHARGED IN
THE INFORMATION IN THE AFORESAID 8 CASES AS DEFINED
AND PENALIZED UNDER ARTICLE 315 FIRST PARAGRAPH IN
RELATION TO NO. 2[A] OF THE SAME ARTICLE.
We shall discuss the interrelated issues together.
Under Article 13(b) of the Labor Code, recruitment and placement refer to any act of
canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers,
and include 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 or placement.
The essential elements of the crime of illegal recruitment in large scale are (1) the
accused engages in acts of recruitment and placement of workers defined under Article
13(b) or in any prohibited activities under Article 34 of the Labor Code; (2) the accused
has not complied with the guidelines issued by the Secretary of Labor and Employment,
particularly with respect to the securing of a license or an authority to recruit and deploy
workers, either locally or overseas; and (3) the accused commits the unlawful acts
against three or more persons, individually or as a group. [56] When illegal recruitment is
committed in large scale or when it is committed by a syndicate, i.e., if it is carried out
by a group of three or more persons conspiring and/or confederating with one another, it
is considered as an offense involving economic sabotage.
The factual backdrop shows that appellants engaged in recruitment activities
involving eight persons. The recruitment activities were made by appellants without
having the license or authority to do so as evidenced by the certification issued by Legal
Officer of the POEA Regional Extension Unit, Cordillera Administrative Region, which
stated that Alona Buli-e, Hilario Antonio,[57] Josie Alolino and Jose Alolino were not
licensed nor authorized to recruit workers for overseas employment in the City
of Baguio or in any part of the region.[58]
Appellant Buli-e herself does not deny that she had no license or authority to recruit
workers for overseas employment. She, however, insists that she had never directly
participated in recruiting complainants since it was in fact complainants who sought her
help in applying for overseas employment. Buli-e explained that she merely referred
complainants to the spouses Alolino whom she honestly believed to be bona
fideoverseas job recruiters and, since she, herself, had intentions of applying for
overseas work, she tagged along with complainants to Manila to see the spouses
Alolino. Inasmuch as she and complainants were all from Baguio City, complainants
allegedly designated her to conduct all negotiations and follow up of their applications
with the spouses.