4.3 Illegal Recruitment In the five-year period 2015-2019 subject of this study, there were seventeen (17) cases of illegal recruitment and estafa that were decided by the Supreme Court. Illegal recruitment cases that reach the Supreme Court are usually reviews on appeal of the conviction of the accused for illegal recruitment in large scale or illegal recruitment committed by a syndicate. Charges of illegal recruitment are usually accompanied by a separate charge of estafa due to the allegations of fraud committed arising from the same set of facts. Fifteen (15) of these illegal recruitment cases victimized ninety-three (93) OFW applicants. In these cases, the Supreme Court reviewed on appeal the conviction of the accused. The Supreme Court eventually affirmed the conviction of the accused in all 15 cases, albeit some, with modifications on the penalty imposed. The two (2) other cases were not appellate reviews of the principal criminal cases for illegal recruitment. The 16th case was a petition for review on certiorari seeking to reverse and set aside the decision and resolution of the Court of Appeals nullifying and setting aside the order of the Regional Trial Court which denied the petition for bail filed by all accused in the criminal case for illegal recruitment in large scale and estafa.61 The 17th case was a petition for review on certiorari assailing the decision and resolution of the Court of Appeals reinstating the criminal case for illegal recruitment and estafa against the accused.62 Number of illegal recruitment cases decided by the Supreme Court (2015-2019) 2015 2 2016 7 2017 6 2018 2 2019 0 The Republic Act No. 8042, otherwise known as the “Migrant Workers and Overseas Filipinos Act of 1995”, broadened the scope of illegal recruitment for overseas employment and increased the penalties there. The changes in the law on illegal recruitment introduced by R. A. No. 8042 were explained in detail by the Supreme Court in the case of “People of the Philippines vs. Alelie Tolentino a.k.a. "Alelie Tolentino y Hernandez" 63 as follows: “Article 13(b) of the Labor Code defines recruitment and placement as ‘any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers, and includes referrals, contract services, promising or advertising for employment, locally or abroad, whether for profit or not.’ 61 62 63 “People of the Philippines vs. Dr. David A. Sobrepeña, Sr., Dr. Mona Lisa Dabao, Dr. Polixema Adorada, Dobela Fortes and Lirio Corpuz,” G.R. No. 204063, December 05, 2016 “Eileen P. David vs. Glenda S. Marquez,” G.R. No. 209859, June 05, 2017 G.R. No. 208686, July 01, 2015 33