process and deploy land-based workers had been renewed and validated for the period
from October 26, 1995 to October 25, 1997 (Exhibit 11), the evidence clearly
indicates that the accused was neither an employee of, nor was she connected with,
the said management and manpower services. It was not also proved that any of her
cohorts from whom the accused derived her authority to recruit workers were
authorized personnel of Bemil, notwithstanding the fact that the POEA has records of
the officers and employees of Bemil from the highest to the lowest.
In this appeal, accused-appellant faults the court a quo in finding her guilty of Illegal
Recruitment in Large Scale. The centerpiece of her defense is three-fold: first, the
prosecution failed to prove conspiracy between her and the other accused; second, she
was not responsible for the recruitment of the complaining witnesses nor for their nondeployment abroad since she was also a job applicant herself at the office of the other
accused and was merely utilized as a worker thereat while waiting for her deployment
abroad, just like Teresita Reyoberos; and third, she cannot be held liable for illegal
recruitment since she never represented to the complainants that she had the capacity
to send them abroad for employment.
We find no reason to reverse accused-appellants conviction, hence, we affirm.
Preliminarily, the proliferation of illegal job recruiters and syndicates preying on
innocent people anxious to obtain employment abroad is one of the primary
considerations that led to the enactment of The Migrant Workers and Overseas Filipinos
Act of 1995.[8] Aimed at affording greater protection to overseas Filipino workers, it is a
significant improvement on existing laws in the recruitment and placement of workers
for overseas employment. Otherwise known as the Magna Carta of OFWs, it broadened
the concept of illegal recruitment under the Labor Code [9]and provided stiffer penalties
thereto, especially those that constitute economic sabotage, i.e., Illegal Recruitment in
Large Scale and Illegal Recruitment Committed by a Syndicate.[10]
In a litany of cases we held that to constitute Illegal Recruitment in Large
Scale three (3) elements must concur: (a) the offender has no valid license or authority
required by law to enable him to lawfully engage in recruitment and placement of
workers; (b) the offender undertakes any of the activities within the meaning of
"recruitment and placement" under Art. 13, par. (b), of the Labor Code, or any of the
prohibited practices enumerated under Art. 34 of the same Code (now Sec. 6 of RA
8042); and, (c) the offender committed the same against three (3) or more persons,
individually or as a group.[11]
In the case at bar, there can be no question that the foregoing elements were
sufficiently proved by the prosecution. The POEA certified that accused Melba Mioza
and her group, which included accused-appellant Lourdes Gamboa, were neither
licensed nor authorized to recruit workers for overseas employment. [12] That they
recruited seven (7) persons - herein complaining witnesses Marissa Balina, Anna Marie
Pili, Romulo Macaraeg, Ernesto Magadan, Domingo Magadan, Jr., Roger Castro and
Nemia Beri - not to mention Police Officer Ligaya Cabal, who disguised herself as a job
applicant, whom accused-appellant likewise attempted to recruit. Evidently, the illegal