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G.R. No. 173473, December 17, 2008People of the Philippines vs.

Beth TemporadaFacts: Beth Temporada is an accused for the crime of Large Scale Illegal Recruitment in whichthe prosecution alleged that the accused recruited and promised overseas employment, for a fee, to complainants Rogelio Legaspi, Jr. as technician in Singapore, and Soledad Atle,L u z Minkay, Evelyn Estacio and Dennis Dimaano as factory workers in H o n g k o n g . After collecting the alleged placement fees amounting to P282,160, it was also noted thatsuch placement fees are in excess of or greater than that specified in the scheduled of allowable fees prescribed of the POEA and without reasons and without fault of the saidcomplainants, failed to actually deploy them and failed to reimburse them the expensesthey incurred in connection with the documentation and processing of their papers for purposes of their deployment. The accused -apellant now contends that the prosecutionfailed to establish all the elements of the offense that were charged to them. Issue: What constitutes the crime of Illegal Recruitment? Held Article 13(b) of the Labor Code defines recruitment and placement thusly:ART. 13. Definitions. x x x(b) "Recruitment and placement" refers to any act of canvassing, enlisting, contracting,t r a n s p o r t i n g , u t i l i z i n g , h i r i n g o r p r o c u r i n g w o r k e r s , a n d i n c l u d e s r e f e r r a l s , c o n t r a c t services, promising or advertising for employment, locally or abroad, whether for profitor not: Provided, That any person or entity which, in any manner, offers or promises for afee, employment to two or more persons shall be deemed engaged in recruitment and placement.It was held that to constitute illegal recruitment in large scale, three (3) elements mustconcur: (a) the offender has no valid license or authority required by law to enable him tolawfully engage in recruitment and placement of workers; (b) the offender undertakes anyof the activities within the meaning of "recruitment and placement" under Article 13(b) of the Labor Code, or any of the prohibited practices enumerated under Article 34 of thesaid Code (now Section 6 of R.A. No. 8042); and, (c) the offender committed the same against three (3) or more persons, individually or as a group.In the case at bar, all the elements were present thus the SC convicted the accused for thecrime of Large Scale Illegal Recruitment.