PEOPLE OF THE PHILIPPINES VS.

TAN TIONG MENG ALIAS "TOMMY TAN"

G.R. No. 120835-40 April 10, 1997

FACTS:
Six (6) complainants went to Borja’s house to meet accused, Tan Tiong Meng, allegedly a job
recruiter. Accused promised to complainants that they could get jobs as factory worker in Taiwan
with a monthly salary of P 20,000. Accused required them to submit their passports, bio-data and
their high school diploma as well as to pay P 15,000 each for placement and processing fees.
Accused kept on promising to complainants that they would be able to leave, but the promises were
never fulfilled. When complainants knew that accused was not a licensed or authorized overseas
recruiter, they filed for complaints for illegal recruitment and estafa against accused.

Accused contend that he merely acted as a collector of money for the principal recruiter Borja who
made the representations that he(accused) could give the applicants jobs in Taiwan.

ISSUE:
WON accused is guilty of the offense of illegal recruitment in large scale and 6 counts of estafa. - YES

HELD:
Circumstances belie the version of accused: (1) Mascardo(one of the complainants) testified that
accused could no longer return the money because he had already sent it to his brother-in-law in
Taiwan; (2) all the receipts issued to complainants were signed by accused; (3) Accused admitted
that he and his wife are respondents in about 70 cases of estafa and illegal recruitment; (4)
complainants pointed to Tan and not Borja as the one who had represented to them that he could
give them jobs in Taiwan.

The accused’ acts of accepting placement fees from job applicants and representing to said
applicants that he could get them jobs in Taiwan constitute recruitment and placement under the
Labor Code and is deemed illegal and punishable under Art. 39 of the Labor Code.

The offense committed against the 6 complainants is illegal recruitment in large scale. Accused is
also guilty of 6 separate crimes of estafa. It was held in the case of People vs Calonzo that a person
convicted for illegal recruitment under the Labor Code can be convicted for violation of the RPC
provisions on estafa provided the elements are present: (1) the accused defrauded another by
abuse of confidence or by means of deceit; and (2) damage or prejudice capable of pecuniary
estimation is caused to the offended party or third person.