The evidence, both testimonial and documentary, showing that appellant was the treasurer of
Japs International Trading Corporation, would completely negate her claim of being just a simple
employee. Not that it would really matter, for whether she was the treasurer of the corporation or
she was just an ordinary employee of the company, her criminal liability would still stand for
being a conspirator with the corporate officers in undertaking the illegal recruitment activities as
so explicitly alleged in the information. The group acted in concert in performing their respective
designated roles in the enterprise, i.e., Floro Cosa (father of accused-appellant) as the President,
Bing Domingo as Secretary, Frederick Domingo as Operations Manager, and Flor Cosa as
Treasurer/Cashier, in order to ensure the success of the business. The defense failed to dispute
the fact that Japs International Trading Corporation had not been licensed or authorized by the
Department of Labor and Employment to engage in the recruitment of persons for overseas
employment.
The recruitment activities undertaken by appellant, along with the other officers of Japs
International Trading Corporation, were in clear violation of Article 38 of the Labor Code. The
offense was committed in large scale, i.e., against three or more persons individually or as a
group.vii[7]
Article 38 of the Labor Code provides:
ART. 38. Illegal Recruitment. - (a) Any recruitment activities, including the prohibited practices
enumerated under Article 34 of this Code to be undertaken by non-licensees or non-holders of
authority shall be deemed illegal and punishable under Article 39 of this Code. The Ministry of
Labor and Employment or any law enforcement officer may initiate complaints under this
Article.
(b) Illegal recruitment when committed by a syndicate or in large scale shall be considered an
offense involving economic sabotage and shall be penalized in accordance with Article 39
hereof.
Illegal recruitment is deemed committed by a syndicate if carried out by a group of three (3) or
more persons conspiring and/or confederating with one another in carrying out any unlawful or
illegal transaction, enterprise or scheme defined under the first paragraph hereof. Illegal
recruitment is deemed committed in large scale if committed against three (3) or more persons
individually or as a group.
For the above offense, Article 39(a) of the Labor Code prescribes the penalty of life
imprisonment and a fine of One Hundred Thousand Pesos (P100,000.00). The penalty of life
imprisonment imposed by the trial court accords with the law; however, it has failed to further
impose the fine of One Hundred Thousand Pesos (P100,000.00) which the law equally mandates.
WHEREFORE, the decision appealed from finding accused-appellant Celia Flor Cosa guilty
beyond reasonable doubt of illegal recruitment in large scale is AFFIRMED; in addition,
however, to the penalty of life imprisonment imposed on her by the court a quo, accusedappellant is likewise ordered to pay a FINE of One Hundred Thousand Pesos (P100,000.00).
Costs against accused-appellant.