Dipasupil, Kris Myzel C.

HRMGT 2106

G.R. No. 125044 July 13, 1998

IMELDA DARVIN, petitioner, VS. HON. COURT OF APPEALS and PEOPLE OF THE PHILIPPINES,
respondents

1. Who is/are the petitioner?

The petitioner in this case is Imelda Darvin.
2. Who is/are the respondents?
The respondent in this case is Macaria Toledo.
3. What was the issue to be resolved?
Whether or not appellant is guilty beyond reasonable doubt of illegal rrecruitment.
4. Which Labor Code Articles were mentioned? How were these related to recruitment?
The Labor Code Articles that mentioned are the Art.13 of the Labor Code, where it is stated here
the definition of recruitment and placement where it is 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. It
also provides here that any person or entity which offers or promises for a fee employment to two
or more persons shall be deemed engaged in recruitment and placement. In Art. 38 of the Labor
Code provides that any prohibited recruitment activities under Art. 34 of this code, to be
undertaken by non licensees or non-holders of authority shall be deemed illegal and punishable
under Article 39 of this Code. The Ministry of Labor and Employment or any law enforcement
officer may initiate complaints under this Article.
5. What was the decision?
The decision of the Court of Appeals in CA-G.R. CR No. 15624 dated January 31, 1996, is
REVERSED and SET ASIDE. Accused appellant Imelda Darvin is hereby ACQUITTED on
ground of reasonable doubt.