5/28/2020
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Hence, the present appeal.
In a Resolution[18] dated June 18, 2012, the Court notified the parties that they may
file their respective supplemental briefs if they so desire; and required the
Superintendent of the Correctional Institution for Women to confirm the confinement of
appellant. Said confinement was confirmed in a letter[19] dated July 26, 2012.
Appellant filed a Manifestation in Lieu of Supplemental Brief[20] since her defenses and
relevant issues have been exhaustively and substantially discussed in her appellant’s
brief; while appellee, through the Office of the Solicitor General (OSG), filed its
Supplemental Brief[21] on September 20, 2012.
We affirm appellant’s conviction with modification, however, on the penalties imposed.
The crime of illegal recruitment is defined and penalized under Sections 6 and 7 of RA
8042, or the Migrant Workers and Overseas Filipinos Act of 1995, to wit:[22]
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).
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57038
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