Topic: Recruitment and Placement

1. People of the Philippines vs. Hadja Larma Lalli

G.R. No. 195419 October 12, 2011
Carpio, J.
DOCTRINE: Recruitment and placement is defined as "any act of canvassing, enlisting, contracting,
transporting, utilizing, hiring or procuring workers, and includes referrals, contract services, promising or
advertising for employment, locally or abroad, whether for profit or not, provided, that any person or entity
which, in any manner, offers or promises for a fee, employment to two or more persons shall be deemed
engaged in recruitment and placement."

FACTS:
While Lolita Sagadsad Plando was on her way to her grandfather’s house, she met Ronie Aringoy and
Rachel Canete. Rachel asked Lolita if she is interested to work in Malaysia. Lolita was interested so she
gave her cellphone number to Ronnie. The following day, Lolita received a text message from Ronnie
Aringoy inviting her to his house. Ronnie brought Lolita to the house of his sister in Tumaga. Lolita
inquired what job is available in Malaysia and was told that she will work as a restaurant entertainer. All
that Lolita needs is a passport. She will be paid 500 Malaysian ringgits which is equivalent to P7,000.00 in
Philippine currency. Lolita told Ronnie that she does not have a passport but was told by the latter that
they will look for a passport so she can leave immediately. Lolita borrowed her sister’s passport. Ronnie
and Lolita went to the house of Hadja Lalli where Lolita was introduced to the latter and mentioned her
interest in going to Malaysia. Lolita handed a passport to Hadja Jarma telling her that it belongs to her
sister but was told that it is not a problem because they have a connection with the DFA and Lolita’s
photo will substitute Marife’s photo. Lolita was introduced to Nestor as their financier who will accompany
them to Malaysia. Three other women were inside Hadja Lalli’s house who will also be her companions
going to Malaysia to work.
On June 6, 2005, Lolita went to Zamboanga City wharf where she met Hadja Jarma Lalli, Ronnie Aringoy,
Honey, and Michele. Ronnie gave to Lolita her boart ticket for the vessel bound for Malaysia, a passport
in the name of Lolita’s sister with Lolita’s photo, and P1,000 cash. Honey, Lolita, Michele, and Hadja
Jarma Lalli boarded the vessel but Ronnie did not go with them. Lolita, Honey, and Michele were told that
they will have a good job in Malaysia as restaurant entertainer, they will serve food to customers and will
not be harmed. They arrived at Malaysia at 10 in the morning of June 7, 2005. At the hotel, Nestor
Relampagos introduced to Lolita, Honey, and Michele a Chinese Malay called “Boss” as their employer.
They were fetched by a van and brought to Pipen Club owned by “Boss Awa”, a Malaysian.. At the club,
they were told that they owe the club 2,000 riggits each as payment for the amount given by the club to
Hadja Jarma Lalli and Nestor Relampagos. Such amount will be paid by entertaining customers. The
customers will pay 300 ringgits for short time services of which 50 ringgits will go to the entertainer and
500 ringgits for overnight service of which 100 ringgits will be given to the entertainer.
Lolita was forced to work as an entertainer at Pipen Club and given the number 60 which was pinned on
her. She had her first customer for a short time service and despite her refusal to go with the man, the
“boss” at the club told her that she could not do anything. Lolita worked at Pipen Club from June 14 to
July 8, 2005 and every night, a customer used her. She had at least one customer or more a night and at
most, she had around five customers a night where they all had sexual intercourse with her.
ISSUE/S: WON the accused conspired to commit a crime of syndicated illegal recruitment
HELD + RATIO:
YES. Sec. 6 of RA 8042 defines illegal recruitment as any act of canvassing, enlisting, contracting,
transporting, utilizing, hiring, or procuring workers and includes referring, contact 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. Moreover, the law provides that it is deemed
committed by a syndicate if carried out by a group of three (3) or more persons conspiring or
confederating with one another. It defined “authority” as a document issued by the Department of Labor
authorizing a person or association to engage in recruitment and placement activities as a private
recruitment entity.
In the case at bar, the trial court found Lalli to have conspired and confederated with one another to
recruit and place women for work in Malaysia without a POEA license. The Labor Code defines
recruitment and placement as “any act of canvassing, enlisting, contracting, transporting, utilizing, hiring
or procuring workers, and includes referrals, contract services, promising or advertising for employment,
locally or abroad, whether for profit or not, provided, that any person or entity which, in any manner, offers
or promises for a fee, employment to two or more persons shall be deemed engaged in recruitment and
placement." Simply put, illegal recruitment is committed by persons who without authority from the
government, give the impression that they have the power to send workers abroad for employment
purposes. The three elements of syndicated illegal recruitment are present in this case, in particular: (1)
the accused have no valid license or authority required by law to enable them to lawfully engage in the
recruitment and placement of workers; (2) the accused engaged in this activity of recruitment and
placement by actually recruiting, deploying and transporting Victim to Malaysia; and (3) illegal recruitment
was committed by three persons (Aringoy, Lalli and Relampagos), conspiring and confederating with one
another.
 Aringoy claims and admits that he only referred Victim to Lalli for job opportunities to Malaysia. Such act
of referring, whether for profit or not, in connivance with someone without a POEA license, is already
considered illegal recruitment, given the broad definition of recruitment and placement in the Labor Code.
Lalli, on the other hand, completely denies any involvement in the recruitment and placement of Victim to
Malaysia, and claims she only met Victim for the first time by coincidence on board the ship M/V Mary
Joy. Lalli’s denial does not deserve credence because it completely conflicts with the testimony of Aringoy
who claims he referred Victim to Lalli who had knowledge of the job opportunities in Malaysia.