[G.R. No.

183099 : February 03, 2010]

PEOPLE OF THE PHILIPPINES, APPELLEE, VS. RACHELLE BALAGAN AND HERMINIA
AVILA, APPELLANTS.
Facts:
This is a petition to reverse the decision of the Court of Appeals in convicting the appellants,
Rachelle Balagan and Herminia Avila for simple illegal recruitment and estafa, respectively.
That on or about the period comprising March 21, 2003 to March 28, 2003, in Pasay City, Metro
Manila, Philippines and within the jurisdiction of this Honorable Court, the above-named accused,
conspiring and confederating together and mutually helping one another, by falsely representing
themselves to have the capacity to contract, enlist, employ, and recruit workers for overseas
deployment/employment as Factory Worker in Ireland, did then and there willfully, unlawfully,
feloniously, for a fee of P57,000.00 recruit and promise overseas deployment/employment to private
complainant Michael O. Fernandez without first securing the required license or authority from the
Philippine Overseas Employment Agency.Contrary to law.
The trial court held that the accused are guilty of estafa and syndicated illegal recruitment. The
Court of Appeals however modified the penalty in the case for estafa and in the case for Syndicated
Illegal Recruitment, the court found appellants culpable of Simple Illegal Recruitment only.
Hence, the present appeal.
Issue: Whether the appellants are guilty of syndicated illegal recruitment or simple illegal recruitment
Ruling:
The Court affirmed the decision of the appellate court that the crime committed is simple illegal
recruitment.
Illegal recruitment is deemed committed by a syndicate if carried out by a group of three (3) or more
persons conspiring and/or confederating with one another in carrying out any unlawful or illegal
transaction, enterprise or scheme defined under the first paragraph hereof. Illegal recruitment is deemed
committed in large scale if committed against three (3) or more persons individually or as a group.
During the cross examination in the trial court, Fernandez testified that it was Rosabel who promised to
send him abroad; that the family of Rosabel owns the travel agency that recruited him and he has no
proof whatsoever that Rachel and Herminia are business partners of the former and that Herminia and
Cristino were more than mere employees of Rosabel because they act as her agents.
The Court of Appeals held that the prosecution failed to establish that the illegal recruitment was
committed by a syndicate. This was affirmed by the Supreme Court.