People v.

Camannong,

G.R. No. 199497, 24 August 2016 (decision)

Bersamin, J;

Facts:

The accused appellant Delia Camannong was found guilty and convicted of the crime of large
scale illegal recruitment rendered on August 19,2008; where the accused pleaded not guilty. At the trial
the prosecution presented the complainants with their testimonies: they testified that the accused
introduced herself as a recruiter of workers and for deployment to Israel as apple pickers, and according
to them, they were promised that they would be able to leave for Israel on the 3 rd week of September
yet none of them were able to leave as promised, the complainants sought for assistance and filed a
complaint with the National Bureau of Investigation; and to prove that Camannong had no authority to
recruit workers for employment abroad, Labor Employment Officer III Remedios Mercado, testified that
Camannong had no certificate or license to recruit nor was issued any special recruitment authority by
the POEA, the RTC rendered its decision on Aug 19,2008 rendering the accused-appellant guilty for the
crime of large scale illegal recruitment; Camannong appealed to the CA where they affirmed the
conviction with modification the fine, from 100,000.00 pesos to 500,000.00 pesos hence this appeal.

Issues:

1. (Procedural) Whether or not the CA correctly affirmed the conviction of the accused-appellant of her
commission of large scale illegal recruitment?

2. (Procedural) Whether or not actual damages can be awarded without record or receipt?

1
Mohammad Al-Nasser L. Genove
Ruling:

1. Yes. The essential elements of illegal recruitment committed in large scale are: (1) that the accused
engaged in acts of recruitment and placement of workers; (2) that she had not complied with the
guidelines issued by the Secretary of Labor and Employment with respect to the requirement to secure a
license or authority to recruit and deploy workers; (3) that she committed the unlawful acts against
three or more persons.

The CA affirmed these facts as to her capacity in recruit workers and send them abroad for employment.

2. Yes. The courts do require proof for the actual amount of loss or damages for reparations, and
because of this have denied claims of actual damages that aren’t supported by receipts; but in the case
of the complainants there were no disputes that they actually paid the accused-appellant the amount
necessary for their employment; denying them their right to recover actual damages only because they
had no receipts to show for their payments would be a travesty of justice.

Disposition:

In the court’s decision dated August 24, 2016 affirms the decision of the Court of Appeals dated April 14,
2011 with modification for the payment of each of the complainants the amount of 6,500.00 pesos plus
interests.

Quick Digest:

Actual damages can be awarded on the discretion of the courts for the victims to claim what was lost to
them due to deceit and fraud, recruiting workers for employment abroad requires a license or at least a
certificate making that person’s power to recruit people official and recognized by the state, without the
necessary pre-requisites that persons commits illegal recruitment that may not be in large scale, but
illegal recruitment nonetheless.

2
Mohammad Al-Nasser L. Genove