4/30/2021
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On the civil aspect, the accused Mercy Logan is ordered to pay the private
complainants by way of restitution, the following sums:
1. To Rodrigo Acorda - P60,000.00[21]
2. To Florante Casia - P100,000.00
3. To Orlando Velasco - P115,000.00
No moral damages is awarded. The complainants checked with POEA only
after the accused was not able to sent (sic) them to Japan.
This Court believes that legislation is needed so as not to make as estafa or
illegal recruitment complaints of persons who do not first verify with POEA
whether an alleged recruiter is duly licensed; or, at the very least, such prior
verification should be made an element of these penal laws.
These activities proliferate because people provide a market for them
ignoring all government efforts and expenses just to warn people not to deal
with persons who are not duly licensed by POEA; and then, when they do
not land any job abroad, they go to the government to help solve matters,
in the process overloading the already overloaded court system. Some kind
of penalty or disincentive should be imposed on people who ignore
government's efforts to deter unauthorized recruitment for foreign
placement from proliferating. After all, POEA operations are now
computerized and it is so easy for plain citizens to reach it. Congress, the
Court hazarding its humble opinion without meaning to be presumptuous,
can gradually build the confidence of its citizens towards government by
gently enacting statutes that would encourage citizens not to ignore our
laws and placing some negative results when citizens do not, or they fail to
give government due attention.
Let a copy of this decision be furnished POEA.
SO ORDERED.
In her appeal,[22] appellant Mercy Logan essentially claims that she did not represent
herself as a job recruiter to the private complainants. According to her, the private
complainants were the ones who went to her office in Cubao, Quezon City and pleaded
with her to help them find jobs abroad. While she admitted having received money
from the private complainants, the appellant turned the same over to Gloria de Leon
who actually recruited them for overseas employment; and that Gloria de Leon reneged
on her promise to the private complainants. Hence, they implicated her in these cases
inasmuch as their transactions with Gloria de Leon took place in her office.
The appeal is not impressed with merit.
The essential elements of the crime of illegal recruitment in large scale which is
punishable with life imprisonment and a fine of One Hundred Thousand Pesos
(P100,000.00) under Article 39(a) of the Labor Code, as amended, are as follows: 1)
the accused engages in the recruitment and placement of workers, as defined under
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