People vs. Abellanosa (2017)

PEOPLE OF THE PHILIPPINES vs. GILDA ABELLANOSA

G.R. No. 214340, July 19, 2017

DEL CASTILLO, J.:

Facts: Appellant was charged with Illegal Recruitment in large scale in an Information alleging that that accused falsely representing to possess authority to recruit job applicants for employment abroad without first having secured the required authority from the POEA, illegally collect and receive from GEPHRE 0. POMAR the amount of (₱5,500.00), as partial payment of processing and placement fees for overseas employment, which illegal recruitment activities is considered an offense involving economic sabotage, it being committed in large scale under Sec. 6(m) paragraph 2 of Republic Act [No.] 8042, having committed the same not only against Gephre O. Pomar but also against seven (7) others.

Appellant denied meeting any of the private complainants while she was in Iloilo and maintained that her purpose in going to Iloilo was only to assist Shirley in processing the latter's business license. Appellant likewise denied that she received money from the private complainants; she claimed that it was Shirley who was engaged in recruitment activities.

Issue: Whether or not appellant is guilty of illegal recruitment in large scale.

Ruling: Illegal recruitment is deemed committed in large scale if committed against three (3) or more persons individually or as a group.

In this case, private complainants Pomar, Pastolero, Cathedral, Orias, Suobiron, Bueron, and Pelipog testified that appellant went to Pavia, Iloilo and represented herself as a recruiter who could send them to Brunei for work; that appellant impressed upon them that she had the authority or ability to send them overseas for work by showing them a job order from Brunei and a calling card; and appellant collected processing or placement fees from the private complainants in various amounts ranging from ₱5,000.00 to ₱20,000.00; and that she did not reimburse said amounts despite demands. In addition, it was proved that appellant does not have any license or authority to recruit workers for overseas employment as shown by the certification issued by the Philippine Overseas Employment Administration.

Finally, appellant recruited seven persons, or more than the minimum of three persons required by law, for illegal recruitment to be considered in large scale.

Ratio Decidendi: Recruitment becomes illegal when undertaken by non-licensees or non-holders of authority.

Gist: This is an appeal from Decision of the CA which affirmed the Decision of the RTC finding appellant guilty beyond reasonable doubt of the crime of Illegal Recruitment in large scale.