G.R. No. 179934
8 of 14
http://sc.judiciary.gov.ph/jurisprudence/2009/may2009/179934.htm
required by law to lawfully engage in the recruitment and placement of workers; and (2) he
undertakes any activity within the meaning of recruitment and placement defined under
[18]
Article 13(b) of the Labor Code.
Recruitment and placement is any act of canvassing,
enlisting, contracting, transporting, utilizing, hiring or procuring workers; and includes
referrals, contact 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.
[19]
The prosecution sufficiently established Abordos guilt beyond reasonable doubt for the
offense of simple illegal recruitment in Criminal Case No. V-0655. Without the necessary
license, Abordo unlawfully recruited Rayray for deployment abroad. In exchange for this
promised overseas job, Rayray paid Abordo P14,000.
Conniving with Cabanlong, Abordo also illegally recruited Jaime, Mendoza, and Cario
who paid the accused P45,000, P39,000 and P15,000, respectively, as placement fees.
Despite their payments of the placement fees, all the complainants were unable to depart
the country for work abroad.
The Court of Appeals did not err in holding that the accused are guilty of simple illegal
recruitment only, modifying the trial courts ruling that the accused are guilty of illegal
recruitment in large scale. Since the accused were prosecuted under several informations
for different complainants, the penalty imposed should be for each information
[20]
charged.
To convict the accused for illegal recruitment in large scale, there must be one
[21]
information that must include all the complainants.
Otherwise, the accused should be
[22]
convicted only for simple illegal recruitment.
Accordingly, the penalties imposed by
the Court of Appeals in Criminal Case Nos. V-0655, V-0768, V-0770, and V-0771 (for
[23]
simple illegal recruitment) are likewise correct.
The Court also affirms the conviction of Abordo for estafa committed against Rayray and
the conviction of Abordo and Cabanlong for estafa committed against Jaime, Mendoza,
and Cario. Conviction under the Labor Code for illegal recruitment does not preclude
[24]
The prosecution
punishment under the Revised Penal Code for the felony of estafa.
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