PEOPLE OF THE PHILIPPINES v. DOLORES OCDEN PONENTE: LEONARDO-DE CASTRO, J.

: FACTS: Ocden was charged with illegal recruitment in a large scale allegedly having feloniously recruited and promised employment as factory workers in Italy to more than three (3) persons including, but not limited to the following: JEFFRIES C. GOLIDAN, HOWARD C. GOLIDAN, KAREN M. SIMEON, JEAN S. MAXIMO, NORMA PEDRO, MARYLYN MANA-A, RIZALINA FERRER, and MILAN DARING, for a fee and without Ocden having first secured the necessary license or authority from the DOLE. Ocden contends that the prosecution failed to prove her guilt. No evidence was adduced to prove that she was a non-licensee or non-holder of authority to lawfully engage in the recruitment and placement of workers other than the bare allegations of the prosecution witnesses. ISSUE: Is Ocden guilty of the crime of illegal recruitment in large scale? LAW: Section 6 of Republic Act No. 8042. RULING: Yes, Ocden is guilty. It is well-settled that to prove illegal recruitment, it must be shown that appellant gave complainants the distinct impression that he had the power or ability to send complainants abroad for work such that the latter were convinced to part with their money in order to be employed. It is not necessary for the prosecution to present a certification that Ocden is a non-licensee or non-holder of authority to lawfully engage in the recruitment and placement of workers. Section 6 of Republic Act No. 8042 enumerates particular acts which would constitute illegal recruitment whether committed by any person, whether a non-licensee, non-holder, licensee or holder of authority. Among such acts, under Section 6(m) of Republic Act No. 8042, is the [f]ailure to reimburse expenses incurred by the worker in connection with his documentation and processing for purposes of deployment, in cases where the deployment does not actually take place without the workers fault. Since illegal recruitment under Section 6(m) can be committed by any person, even by a licensed recruiter, a certification on whether Ocden had a license to recruit or not, is inconsequential. Ocden committed illegal recruitment as described in said provision by receiving placement fees from Mana-a, Ferrer, and Golidans two sons, Jeffries and Howard and failing to reimburse/refund to Mana-a, Ferrer, and Golidans two sons the amounts they had paid when they were not able to leave for Italy, through no fault of their own.