People vs. Sison (2017)

PEOPLE OF THE PHILIPPINES vs. ERLINDA A. SISON

G.R. No. 187160, August 9, 2017

CARPIO, J.:

Facts: Casuera and Magalona met appellant and the latter briefed Castuera on the requirements for working as a fruit picker in Australia. She introduced Castuera to another man who related that he was able to go to Australia with her help. She also showed Castuera pictures of other people she had supposedly helped to get employment in Australia. Appellant further narrated that a couple she had helped had given her their car as payment. Because of her representations, Castuera believed in her promise that she could send him to Australia. Appellant asked Castuera for ₱180,000 for processing his papers.

Appellant, however, failed to secure an Australian visa for Castuera. Together with Dedales and Bacomo, appellant convinced Castueara that that it was difficult to get an Australian visa in the Philippines so they had to go to Malaysia or in Indonesia to get one. Subsequently, Castuera's application for an Australian visa in Indonesia was denied. Dedales asked for US$1,000 for the processing of his U.S. visa, which he paid. However, when his U.S. visa came, Castuera saw that it was in an Indonesian passport bearing an Indonesian name. Because of this, Castuera decided to just return to the Philippines.

Issue: Whether or not appellant is guilty of syndicated estafa.

Ruling: Yes. Illegal recruitment is deemed committed by a syndicate carried out by a group of three (3) or more persons conspiring or confederating with one another. Under RA 8042, a non-licensee or non-holder of authority commits illegal recruitment for overseas employment in two ways: (1) by 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; or (2) by undertaking any of the acts enumerated under Section 6 of RA 8042.

In this case, appellant herself admits that she has no license or authority to undertake recruitment and placement activities. Since it was proven that the three accused were acting in concert and conspired with one another, their illegal recruitment activity is considered done by a syndicate, making the offense illegal recruitment involving economic sabotage.

Ratio Decidendi: It is not essential that there be actual proof that all the conspirators took a direct part in every act.

Gist: This is an appeal from the Decision of the CA which affirmed the Decision of the RTC finding Sison guilty beyond reasonable doubt of (1) violation of Section 6, in relation to Section 7, of Republic Act No. 8042 or illegal recruitment involving economic sabotage.