D. In Criminal Case No. Q-91-21911, guilty beyond reasonable doubt of Illegal
Recruitment in Large Scale as defined and punished under Article 38 (b) in
relation to Article 39 (a) of the Labor Code of the Philippines as amended, and
this Court sentences the accused Romulo Saulo to suffer the penalty of life
imprisonment and to pay a fine of One Hundred Thousand Pesos
(P100,000.00).
Being a detention prisoner, the accused Romulo Saulo shall be entitled to the
benefits of Article 29 of the Revised Penal Code as amended.
SO ORDERED.
[9]
The Court finds no merit in the instant appeal.
The essential elements of illegal recruitment in large scale, as defined in Art. 38 (b)
of the Labor Code and penalized under Art. 39 of the same Code, are as follows:
(1) the accused engages in the recruitment and placement of workers, as
defined under Article 13 (b) or in any prohibited activities under Article 34 of
the Labor Code;
(2) accused has not complied with the guidelines issued by the Secretary of
Labor and Employment, particularly with respect to the securing of a license
or an authority to recruit and deploy workers, whether locally or overseas; and
(3) accused commits the same against three (3) or more persons, individually
or as a group.
[10]
Under Art. 13 (b) of the Labor Code, recruitment and placement refers to 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; Provided, That any person or entity which, in
any manner, offers or promises for a fee employment to two or more persons shall be
deemed engaged in recruitment and placement.
After a careful and circumspect review of the records, the Court finds that the trial
court was justified in holding that accused-appellant was engaged in unlawful
recruitment and placement activities. The prosecution clearly established that accusedappellant promised the three complainants - Benny Maligaya, Angeles Javier and
Leodigario Maullon employment in Taiwan as factory workers and that he asked them
for money in order to process their papers and procure their passports. Relying
completely upon such representations, complainants entrusted their hard-earned money
to accused-appellant in exchange for what they would later discover to be a vain hope
of obtaining employment abroad. It is not disputed that accused-appellant is
not authorized[11] nor licensed[12] by the Department of Labor and Employment to engage