People vs Bacos, G.R. No.

178774 December 8, 2010

Facts:
Marlyn Bacos, together with her common law husband Efren Dimayuga, was charged with
illegal recruitment by 10 complainants (of which only 3 testified). Dimayuga died pending trial.
Complainants stated that the couple represented themselves as recruiters for jobs in Japan and so
they paid the needed fees. Failing to be deployed as promised and with the couple moving
residence, the complainants filed the case. Bacos testified that she has no participation for she did
not receive the payment but merely entertained them when they visited the couple. Lower and
appellate courts found Bacos guilty. The lower court found that Bacos gave indispensable
assistance in perpetuating the fraud. The appellate court ruled that elements of illegal recruitment
were proven considering she participated by assuring the victims that her husband was a legitimate
recruiter.

Issues:
Whether or not appellant is principal absent any direct and clear participation in illegal
recruitment.

Ruling:

Together with RA 8042 (Migrant Workers & Overseas Filipinos Act of 1995) and Secs 38
and 39 of the Labor Code, no doubt exists that appellant participated in illegal recruitment by
giving assurances of deployment, receiving the fees, giving the date of departure, and breakdown
of the fees. Even if appellant reasoned that she did not derive any consideration or that she made
assurances only after Dimayugas representations does not exonerate her from crime. Absence of
considerations or misrepresentations is not material. Illegal recruitment is committed by mere act
of promising employment without license or authority whether for profit or not. Time when
misrepresentation was made, whether prior or simultaneous to delivery of money is only material
in estafa.

Guilty of large scale illegal recruitment which constitutes economic sabotage.