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G.R. No. 208686 Case Digest
G.R. No. 208686 Case Digest
1. ALELIE TOLENTINO a.k.a. "Alelie Tolentino y Hernandez was charged at Contentions AND Observations:
RTC Muntinlupa with illegal recruitment and five (5) counts of estafa under
Article 315, paragraph 2(a) of the Revised Penal Code 1. Appellant admitted that she had no authority or valid license to engage
in recruitment and placement of workers.
2. Accused represented to the 5 complainants that she could secure work at
Korea and she is capable of processing the travel visa and other documents 2. The testimonies and the documentary evidence submitted by
for their travel and employment at Korea and demanded from the said the prosecution showed that appellant led complainants to believe that
complainant to pay the amount of ₱80,000.00 as placement fee, except for she had the power or ability to send private complainants to Korea to
LEDERLE PANESA, which is 75, 000.00 work as factory workers and that the latter were convinced to give their
payment to appellant in order to be employed
3. Complainants gave and delivered a partial payment to the appellant, 3. Appellant even issued petty cash vouchers acknowledging
however upon learning of the accused’s arrest for illegal recruitment, they receipt of private complainants’ payment and she made them sign
demanded their money be returned but failed to recover such amounts. , Trainee Agreements, which were purportedly their contract with their
private complainants were able to secure a certification from the Korean employer.
Philippine Overseas Employment Administration (POEA) that appellant
was not licensed to recruit workers for overseas employment.
4. Appellant’s claim that it was Narcisa Santos who recruited the
private complainants and who profited from the illegal transaction was
disregarded by the Court of Appeals for lack of evidence. The Court of
Appeals noted that it was appellant who dealt directly with private
RTC’S DECISION complainants.
1. Appellant is a non-licensee or non-holder of authority as evidenced 1. In this case, the prosecution proved beyond reasonable doubt that
by POEA Certification and as admitted by appellant, she has no valid appellant deceived private complainants into believing that she had
license or authority required by law to lawfully engage in recruitment the authority and capability to send them to Korea for employment,
and placement of workers. despite her not being licensed by the POEA to recruit workers for
overseas employment.
2. Despite the absence of a license or authority, appellant gave the
impression that she has the power or ability to secure work for
private complainants in Korea.
a. She even showed them pictures of past applicants whom she
a. induced them to pay placement fees, which included the allegedly sent abroad for work.
expenses for medical examination and the processing of their
documents b. She also assured them that she would be able to secure their visas
and employment contracts once they pay the placement fee.
b. showed pictures of previous applicants, whom she allegedly
helped find work abroad
c. Because of the assurances given by appellant, private
complainants paid appellant a portion of the agreed placement
c. also explained to them the procedure for overseas employment fee, for which appellant issued petty cash vouchers 24 with her
and promised them that she would secure their visas and signature, evidencing her receipt of the payments. Clearly, these
employment contracts within three months acts of appellant constitute estafa punishable under Article 315
(2)(a) of the Revised Penal Code.
3. There are at least three victims in this case which makes appellant
liable for large-scale illegal recruitment.
4. Well-settled is the rule that the trial court, having the opportunity The elements of estafa are present:
to observe the witnesses and their demeanor during the trial, can best
assess the credibility of the witnesses and their (1) the accused defrauded another by abuse of confidence or by means of
testimonies.17 Appellant’s mere denial cannot prevail over the deceit; and (2) the offended party or a third party suffered damage or prejudice
positive and categorical testimonies of the complainants.18 The trial capable of pecuniary estimation.
court’s findings are accorded great respect unless the trial court has
overlooked or misconstrued some substantial facts, which if
considered might affect the result of the case.19 Furthermore, factual BASIS OF ILLEGAL RECRUITMENT AT LARGE SCALE RULING BY SC:
RA 8042,12 otherwise known as the "Migrant Workers and Overseas d. advertising for employment abroad,
Filipinos Act of 1995,"
-whether for profit or not,
established a higher standard of protection and promotion of the welfare
of the migrant workers, their families and overseas Filipinos in distress. when undertaken by a non-licensee or non-holder of authority contemplated
under Article 13(f) of Presidential Decree No. 442, as amended, otherwise
RA 8042 also broadened the concept of illegal recruitment for overseas known as the Labor Code of the Philippines: Provided, That any such non-
employment and increased the penalties, especially for Illegal licensee or non-holder who, in any manner, offers or promises for a fee
Recruitment in Large Scale and Illegal Recruitment Committed by a employment abroad for two or more persons shall be deemed so engaged. It
Syndicate, which are considered offenses involving economic sabotage. 13 shall likewise include the following acts, whether committed by any person,
whether a non-licensee, non-holder, licensee or holder of authority:
Part II of RA 8042 defines and penalizes illegal recruitment for
employment abroad, whether undertaken by a non-licensee or non- (a) To charge or accept directly or indirectly any amount greater than
holder of authority or by a licensee or holder of authority. that specified in the schedule of allowable fees prescribed by the
Secretary of Labor and Employment, or to make a worker pay any
amount greater than that actually received by him as a loan or
Section 6 of RA 8042 provides for the definition of illegal recruitment, while advance;
Section 7 enumerates the penalties therefor, thus: (b) To furnish or publish any false notice or information or document
in relation to recruitment or employment;
SEC. 6. Definition. – For purposes of this Act, illegal recruitment shall mean any
act of 1. canvassing, (c) To give any false notice, testimony, information or document or
commit any act of misrepresentation for the purpose of securing a
2. enlisting, license or authority under the Labor Code;
7. procuring workers and includes (f) To engage in the recruitment or placement of workers in jobs
harmful to public health or morality or to the dignity of the Republic of
a. referring, the Philippines;
if carried out by a group of three (3) or more persons conspiring Illegal recruitment, as defined under Article 38 of the Labor Code,
or confederating with one another. encompasses recruitment activities for both local and overseas
employment. However, illegal recruitment under this article is limited
It is deemed committed in large scale if committed against three to recruitment activities undertaken by non-licensees or non-holders of
(3) or more persons individually or as a group. authority.10 Thus, under the Labor Code, to constitute illegal
recruitment in large scale, three elements must concur:
1. The accused undertook any recruitment activity defined
under Art. 13 (b) or any prohibited practice enumerated under
Art. 34 of the Labor Code.