4/9/2020
E-Library - Information At Your Fingertips: Printer Friendly
Golden Gate on the argument that her act of representing to the four private
complainants that she could send them to Taiwan as factory workers constitutes
recruitment. It stresses that the crime of illegal recruitment in large scale is malum
prohibitum; hence, mere commission of the prohibited act is punishable and criminal
intent is immaterial. Lastly, the OSG points out that appellant failed to show any ill
motive on the part of private complainants to testify falsely against her.
For her part, appellant Chua maintains that she was merely a cashier of Golden Gate
International. She disowns liability for allegedly “merely acting under the direction of
[her] superiors”[18] and for being “unaware that [her] acts constituted a crime.”[19]
Appellant begs the Court to review the factual findings of the court a quo.
The crime of illegal recruitment is defined and penalized under Sections 6 and 7 of
Republic Act (R.A.) No. 8042, or the Migrant Workers and Overseas Filipinos Act of
1995, as follows:
SEC. 6. Definition. – For purposes of this Act, illegal recruitment shall mean
any act of canvassing, enlisting, contracting, transporting, utilizing, hiring,
or procuring workers and includes referring, contract services, promising or
advertising for employment abroad, whether for profit or not, when
undertaken by a non-licensee or non-holder of authority contemplated under
Article 13 (f) of Presidential Decree No. 442, as amended, otherwise known
as the Labor Code of the Philippines: Provided, That any such non-licensee
or non-holder who, in any manner, offers or promises for a fee employment
abroad to two or more persons shall be deemed so engaged. It shall likewise
include the following acts, x x x:
xxxx
Illegal recruitment is deemed committed by a syndicate if carried out by a
group of three (3) or more persons conspiring or confederating with one
another. It is deemed committed in large scale if committed against three
(3) or more persons individually or as a group.
The persons criminally liable for the above offenses are the principals,
accomplices and accessories. In case of juridical persons, the officers having
control, management or direction of their business shall be liable.
SEC. 7. Penalties. –
(a) Any person found guilty of illegal recruitment shall suffer the penalty of
imprisonment of not less than six (6) years and one (1) day but not more
than twelve (12) years and a fine of not less than Two hundred thousand
pesos (P200,000.00) nor more than Five hundred thousand pesos
(P500,000.00).
(b) 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
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55182
6/14