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6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly [40] Id. [41] Supra note 2. [42] Id., p. 37. [43] Id., p. 36. [44] Id. [45] Id., p. 37. [46] Id. [47] Id., p. 39. [48] Id. [49] Id. [50] Id., pp. 39-40. [51] Id., p. 42. [52] Supra note 1, at 16. [53] Id. [54] Id., p. 19. [55] Id., p. 23. [56] Comment, rollo, pp. 184-191. [57] Id., p. 186. [58] Id. [59] Id., p. 188. [60] Id. [61] Id. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63079 14/16

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Eileen P. David vs. Glenda S. Marquez

Jurisprudence

Case number: G.R. No. 209859

Division: PH Supreme Court Third Division

Date of decision: Hun 5, 2017

Year of decision: 2017

Nature of the case: ILLEGAL RECRUITMENT

MRO Case Type

Estafa
Illegal recruitment
Petition for review on Certiorari by the Supreme Court (Rule 45 of the Rules of Court)

Summary of outcome: This case is procedural in nature. Complainant Glenda S. Marquez's actions for Illegal Recruitment and Estafa against Eileen P. David were quashed before the lower court (Regional Trial Court), which ruled that it had no jurisdiction to hear and decide the cases.

While ordinarily, venue in criminal cases is jurisdictional, and that actions should be filed in the locality or place where the offense occurred, an exception lies under Republic Act No. 8042 (or the "Migrant Workers and Overseas Filipinos Act"), which provides that a criminal action arising from illegal recruitment may be filed in the place where the offended party actually resides at the time of the commission of the offense.

Since the Supreme Court established that the RTC has jurisdiction over the Illegal Recruitment and Estafa cases, it ordered the trial court to resume hearing the cases.

Observatory: Migrant Workers Rights

Ponente: TIJAM, J.

Notes: The acts complained of took place in Kidapawan City, Cotabato.

Primary Documents

2017_Eileen P. David vs. Glenda S. Marquez,_June.pdf
English
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Commission on Human Rights

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Eileen P. David vs. Glenda S. Marquez

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