REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
CITY OF MAKATI
BRANCH 56

PEOPLE OF THE PHILIPPINES,

Plaintiff,

-versus-
CRIM. CASE NO 04
2213
(I.S. No. 04-A-201-203)
For: Illegal Recruitment defined and penalized under Section 6 of R.A. 6042)

FELOMINA “FELY” BALBIN and VIRGILIA PANDAY

Accused.
x--------------------------------------------------------x

DECISION

This is a complaint for violation of section (6) of R.A. 8042 otherwise known as “Migrant
Workers and Overseas Filipinos Act of 1995” against FELOMINA “FELY” BALBIN alleging
that she engaged in recruitment for a fee for employment abroad in South Korea without the
necessary license or authority to recruit for overseas employment as required by law. The
Information against Accused read:

“That in or about and sometime in March 2003, in the City of Makati, Philippines
and a place within the jurisdiction of this Honorable Court, the above-named
accused, conspiring confederating and mutually helping and aiding one another,
did then and there willfully, unlawfully and feloniously recruit for a fee to
complainant CRISANTA F. LEBITA for employment abroad in South Korea
knowing fully well that they did not have necessary license or authority to recruit
for overseas employment as required by law.”

Contrary to law.

FACTS

The facts of the case are as follows:

 Complainant Crisanta Lebita alleged that sometime in March 2003, when she was
applying for work in South Korea, she was assisted by her Talent Manager, Virginia Panday. In
connection with her application for a Korean Visa, Virginia Panday mentioned to her that a
certain Felomina Balbin would be assisting with processing her passport and other
requirements. She stated that Mrs. Balbin made them sign a document written in Korean
regarding the job. Mrs. Balbin explained to her that it was for a two-year contract as a dancer.
Following that month, Crisanta Lebita was able to get an interview with the Korean Embassy
for a Visa, but she was asked that she produced an Artist’s Record Book. She narrated that Mrs.
Balbin was not able to submit such document at the day of the interview. She eventually was
able to go to Korea to work for a club for two months. After two months, she was allegedly
already encountering some problems with her employer because the employer was not
following the terms and condition of contract. After learning from an official of the Philippine
Embassy in Korea, allegedly that the employment was illegal, she decided to go back to the
Philippines.

On her defense, Felomina Balbin testified that she was legitimately engaged in the
business of travel and tours since 1994. Her main business transaction is selling tickets, travel
and tours, visa assistance, visa advice and facilitation and procurement of passports. She was
introduced to a certain Mr. Park Yibong by her old client, stating that Mr. Park’s ticket had
expired and wanted to fix his travel documents. Sometime after that, Mr. Park Yibong then gave
her travel documents of certain clients stating that he needed her help in their travel documents
as well. She met Miss Lebita only twice but stated that she did not transact with her, only
through Miss Virgilia Panday. She explained that she did not receive any compensation
whatsoever from the complainant. She was introduced to Miss Virgilia Panday by Mr. Park
Yibong and stated that she was not connected to Modern Production.

PROCEEDINGS

On 12 December 2003, Anti-Illegal Recruitment Branch of POEA referred a complaint

for violation of Illegal Recruitment under Sec. 6 of R.A. 8042. Complainants alleged, among
others, that they were recruited and promised employment abroad by the accused allegedly who
do not have the necessary license or authority required by law.

On 07 May 2004, a Resolution by the Office of the City Prosecutor of Makati

recommended that an Information for Illegal Recruitment under Sec. 6 of R.A. 8042 with a bail
of P24,000.00 be approved.

An Order of the Court dated 08 June 2004, The Court issues a warrant of arrest against
the accused and set the bail for the provisional liberty at P24,000.00. Accused was subsequently
arrested and detained in Angono Municipal Jail, Angono, Rizal.

Upon filing of the personal bail bond through the Summit Guaranty & Insurance
Company, Inc. under SGICI Bond No. 54534 dated 05 July 2004, in the amount of P24,000.00,
the accused was ordered released.
 On the day of the arraignment, the accused entered a plea of not guilty.

On 10 January 2007, the accused filed her Motion To Quash arguing for the dismissal of
the case but on 12 June 2007, the Court denied said motion.

In an Order of the Court dated 07 April 2011, the Court ordered the confiscation of her
bail bond and issued a warrant of arrest. However, the accused filed a Manifestation and prayed
that the Court reconsider its order dated 07 April 2011 and to lift the warrant of arrest. The
Court in an Order dated 08 February 2012, granted her motion and abandoned its order dated 07
April 2011.

On 30 August 2012 and 04 October 2012, the accused was cross-examined by the Court.

On 21 May 2013, The prosecution placed Ms. Bella Diaz on the witness stand as the
second and last witness. Under oath, she identified the certification issued by the POEA.

Through the Formal Offer of Exhibit dated 05 June 2013, the special collaborating
Prosecutor under the control and direct supervision of the Public Prosecutor submitted:

Exhibits Description
A Certification issued by the Licensing
and Regulation Office of POEA

The accused on 28 June 2013 submitted her Manifestation that she has no objection to the
admission of Exhibit A. On 10 October 2014, the accused through her Formal Offer of Exhibit
submitted:

Exhibits Description
1 A DTI certification that the accused is
the owner of a registered travel and
tours company

The formal evidence having admitted, the case was submitted for decision on 17 October
2014.

RESOLUTION

Based on the evidence presented, the Court finds for the accused.

The information charged accused for illegal recruitment under section 6 of RA No. 8042,
otherwise known as “Migrant Workers and Overseas Filipinos Act of 1995” which reads:
 “SECTION 6. Definition. — For purposes of this Act, illegal recruitment shall
mean any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or
procuring workers and includes referring, contract services, promising or
advertising for employment abroad, whether for profit or not, when undertaken by
a non-licensee or non-holder of authority contemplated under Article 13(f) of
Presidential Decree No. 442, as amended, otherwise known as the Labor Code of
the Philippines: Provided, That any such non-licensee or non-holder who, in any
manner, offers or promises for a fee employment abroad to two or more persons
shall be deemed so engaged.”

Upon the testimony of the complainant, she narrated that Filomina Balbin was allegedly
involved in explaining to her a contract of employment which was to be signed but was written
in Korean language.1 The complainant pointed out that she believed every thing that was
translated to her by the defendant and without such translation she would not have agreed to
work abroad.2 In her defense, the accused said that she was only there to help the complainant
with her requirements in submitting her Visa and that she was only employed by a Korean man
Mr. Park Yibong in assisting in securing Korean visa for the complainant. 3 She also testified
that after the stamping and verification of the visa was done, she immediately gave the records
to Mr. Park Yibong.4

To the mind of the Court, this does not indicate guilt beyond reasonable doubt. She
neither convinced the complainant to give her money nor promised them employment abroad.

Moreover, as stated in the last sentence of Section 6 of RA 8042, the persons who may be
held liable for illegal recruitment are the principals, accomplices and accessories. In case of
juridical persons, the officers having control, management or direction of their business shall be
liable.

In the case at bar, the records show that the accused Filomina Balbin allegedly is not
connected in anyway to the promotion company of Virginia Panday, which recruited the
complainant.5 She was only allegedly known by the complainant when she assisted her with her
application for a Korean Visa.6 She did not entertain any other applicants of the promotion
company of Virginia Panday.

In People v. Navarra, Sr7., The court explains the elements of illegal recruitment to wit:

(1) that the offender has no valid license or authority required by law to enable him
to lawfully engage in the recruitment and placement of workers, and
1
TSN Crisanta Lebita, dated August 30, 2012
2
TSN Crisanta Lebita, dated October 4, 2012
3
TSN Felomina Balbin, dated October 29, 2013
4
id.
5
Supra, 3
6
Supra 1
7
404 Phil. 693, 701 (2001).
 (2) that the offender undertakes any activity within the meaning of “recruitment and
placement” defined under Article 13(b), or any prohibited practices enumerated under Article
34 of the Labor Code.

Based on the foregoing facts, the accused is not engage in the recruitment and placement
of workers, she is engaged in a travel and tours company. 8 There was no indication, to the mind
of the Court, she promised nor induced the complainant in working abroad but only facilitated
her visa submission requirements.9

In People v. Tajada10, the court explains to us that, in appreciating pieces of evidence in

a criminal case, it is elementary that the prosecution has a burden of proof in establishing the
guilt of the accused with which he is charged.

In the case at bar, the prosecution failed to present sufficient evidence beyond reasonable
doubt to prove the accused FELOMINA BALBIN was in active participation of illegal
recruitment activities. There was no direct evidence to prove that indeed she induced or
promised the private complainant, the bare assertion of the complainant that she interpreted a
Korean contract hardly constitutes as such.

WHEREFORE, in view of the foregoing, the Court finds: FELOMINA BALBIN and
VIRGINIA PANDAY, is hereby found NOT GUILTY of the offense charged in the information
for violation of Section 6 of RA 8042.

8
Supra 3
9
id
10
G.R. No. 147200, 17 December 2002.