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4/28/2018 Philippine Labor Law: People vs.

Panis

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People vs. Panis HIPOKRITONG ALIEN

panganay sa 12 magkakapatid, lumaki


People of the Philippines vs. Domingo Panis syang tamad at walang modo. Abnormal
GR No. L–58674–77, July 11, 1990 ang metabolismo niya dahil hindi siya tumataba
kahit ilang tonelada pa ang lamunin. Galit sya sa
FACTS: facebook pero may account sya dun.

VIEW MY COMPLETE PROF ILE


On January 9, 1981, four information were filed in the in the Court of First Instance
(CFI) of Zambales and Olongapo City alleging that herein private respondent Serapio
Abug, "without first securing a license from the Ministry of Labor as a holder of M Y C U R R E N T P L AY L I S T
authority to operate a fee-charging employment agency, did then and there wilfully,
unlawfully and criminally operate a private fee charging employment agency by
charging fees and expenses (from) and promising employment in Saudi Arabia" to
four separate individuals. Abug filed a motion to quash contending that he cannot be C A S E D I G E S T S F O R T H I S TO P I C
charged for illegal recruitment because according to him, Article 13(b) of the Labor
▼ 2009 (6)
Code says there would be illegal recruitment only "whenever two or more persons
▼ March (6)
are in any manner promised or offered any employment for a fee.”
► Mar 20 (2)

Denied at first, the motion to quash was reconsidered and granted by the Trial Court ► Mar 21 (3)
in its Orders dated June 24, 1981, and September 17, 1981. In the instant case, the ▼ Mar 22 (1)
view of the private respondents is that to constitute recruitment and placement, all People vs. Panis
the acts mentioned in this article should involve dealings with two or more persons
as an indispensable requirement. On the other hand, the petitioner argues that the
requirement of two or more persons is imposed only where the recruitment and

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4/28/2018 Philippine Labor Law: People vs. Panis

placement consists of an offer or promise of employment to such persons and always MY DIGEST OF CASES IN PHILIPPINE SETTING

in consideration of a fee. My Index of Cases


Civil Law
ISSUE:
Constitutional Law
Criminal Law
Whether or not Article 13(b) of the Labor Code provides for the innocence or guilt of
Labor Law Law
the private respondent of the crime of illegal recruitment
Public International
COURT RULING: Transportation Law

The Supreme Court reversed the CFI’s Orders and reinstated all four information
filed against private respondent. OUTSIDE LINKS

My Index of Cases
The Article 13(b) of the Labor Code was merely intended to create a presumption, Civil Law
and not to impose a condition on the basic rule nor to provide an exception thereto. Constitutional Law
Criminal Law
Where a fee is collected in consideration of a promise or offer of employment to two
Labor Law Law
or more prospective workers, the individual or entity dealing with them shall be
Public International
deemed to be engaged in the act of recruitment and placement. The words "shall be
deemed" create the said presumption. Transportation Law

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