7/7/2021
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Given all the foregoing premises, this Court finds no reason to deviate from the findings
of the RTC and the CA.
Lastly, it was established that there were at least three (3) victims in this case, namely,
Llave, Concrenio, and Sta. Maria, who all testified before the RTC in support of their
respective complaints. In this regard, the Court is not swayed by appellant's assertion
that he did not promise any kind of overseas employment to Sta. Maria. As found by
the RTC and the CA, it was clearly established that appellant directly dealt with Sta.
Maria relative to the latter's supposed employment abroad, and that appellant even
charged him a placement fee to cover for the expenses of processing his documents.
Based on the foregoing, there is no doubt that appellant is guilty of Illegal Recruitment
in Large Scale, which constitutes economic sabotage under Section 6 of RA 8042.
The penalty imposed.
Anent the penalty that must be imposed, we note that both the RTC and the CA
imposed the penalty of life imprisonment and a fine of P500,000.00.
Section 7(b) of RA 8042 provides that "the penalty of life imprisonment and a fine of
not less than Five hundred thousand pesos (P500,000.00) nor more than One million
pesos (P1,000,000.00) shall be imposed if Illegal Recruitment constitutes economic
sabotage" such as in the case of Illegal Recruitment in Large Scale. Notably, the same
section states that "the maximum penalty shall be imposed if x x x committed by a
non-licensee or non-holder of authority."[35]
Significantly, RA 10022, which took effect on May 7, 2010,[36] amended the fine under
Section 7(b) of RA 8042 in this wise, viz.:
The penalty of life imprisonment and a fine of not less than Two million
pesos (P2,000,000.00) nor more than Five million pesos (P5,000,000.00)
shall be imposed if illegal recruitment constitutes economic sabotage as
defined therein.
Provided, however, That the maximum penalty shall be imposed if x x x
committed by a non-licensee or non-holder of authority.[37]
Considering that the crime charged was committed on January 11, 2012, which is
almost two (2) years after the amendment took effect on May 7, 2010, the penalty as
amended by RA 10022 should be, perforce, applied. Moreover, Section 7 of the latter
statute provides that the maximum penalty shall be imposed if committed by a nonlicensee or non-holder of authority.
Considering the foregoing premises, the proper penalty to be imposed upon appellant is
life imprisonment and a fine of P5,000,000.00.
WHEREFORE, the appeal is DISMISSED. The assailed February 10, 2017 Decision of
the Court of Appeals in CA-G.R. CR-H.C. No. 08232, which affirmed the March 16, 2016
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