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receipt should have so stated. Hence, Toledo’s claim that Darvin promised
G.R. No. 125044 | July 13, 1998 | Illegal Recruitment | Vica
her employment abroad is uncorroborated.
Petitioner: IMELDA DARVIN 2. It was already established that Darvin was unlicensed.
Respondent: HON. COURT OF APPEALS and PEOPLE OF THE PHILIPPINES
FACTS:
Recit-Ready: Toledo (private respondent) met Darvin in the latter's house in Imus
1. In March 1992, Toledo (private respondent) met Darvin (petitioner) in the
through the introduction of their 2 common friends. Darvin allegedly convinced Toledo
latter's house in Imus through the introduction of their common friends
that by giving her P150,000.00, the latter can immediately leave for the U.S. without any
(Florencio Rivera and Leonila Rivera).
appearance before the U.S. embassy. Thus, on April 13, 1992, Toledo gave Darvin the
2. In said meeting, Darvin allegedly convinced Toledo that by giving her
said amount, as evidenced by a receipt stating that the “amount of P150,000.00 was
P150,000.00, the latter can immediately leave for the U.S. without any
for U.S. Visa and airfare.” After receiving the money, Darvin assured Toledo that she
appearance before the U.S. embassy. Thus, on April 13, 1992, Toledo gave
can leave within 1 week. However, when after a week, there was no word from Darvin,
Darvin the said amount, as evidenced by a receipt stating that the “amount
Toledo went to her residence to inquire about any development, but could not find
of P150,000.00 was for U.S. Visa and airfare.”
Darvin. Hence, she filed a complaint with the Bacoor Police against Darvin. Upon
3. After receiving the money, Darvin assured Toledo that she can leave within
further investigation, a certification was issued by the Philippine Overseas Employment
1 week. However, when after a week, there was no word from Darvin,
Administration (POEA) stating that Darvin is neither licensed nor authorized to recruit
Toledo went to her residence to inquire about any development, but could
workers for overseas employment. Darvin was then charged for estafa and illegal
not find Darvin. Hence, she filed a complaint with the Bacoor Police against
recruitment.
Darvin.
4. Upon further investigation, a certification was issued by the Philippine
W/N Darvin is engaged in recruitment activities, as defined under the Code. (NO)
Overseas Employment Administration (POEA) stating that Darvin is neither
licensed nor authorized to recruit workers for overseas employment. Darvin
Doctrine: T o prove illegal recruitment, two elements must be shown:
was then charged for estafa and illegal recruitment.
1. the person charged with the crime must have undertaken recruitment
5. Darvin testified that she used to be connected with Dale Travel Agency and
activities; AND
that in 1992, or thereabouts, she was assisting individuals in securing
■ It must be shown that the offender gave the victim the distinct
passports, visas, and airline tickets. She came to know Toledo through the
impression that he/she had the power or ability to send the victim
same common friends, alleging that Toledo sought her help to secure a
abroad for work such that the latter was convinced to part with
passport, US visa and airline tickets to the U.S.
his/her money in order to be so employed.
6. Darvin claimed that she did not promise any employment in the U.S. to
2. the said person does not have a license or authority to do so.
Toledo. She, however, admits receiving the amount of P150,000.00 from
the latter but contends that it was used for necessary expenses of an
Application to the case: Darvin is NOT guilty of illegal recruitment because not all the
intended trip to the U.S. of Toledo and her friend, as follows: P45,000.00 for
above elements are present in this case.
plane fare for one person; P1,500.00 for passport, documentation and other
1. By themselves, procuring a passport, airline tickets and foreign visa for
incidental expenses for each person; P20,000.00 for visa application cost for
another individual, without more, can hardly qualify as recruitment activities.
each person; and P17,000.00 for services.
Aside from Toledo's testimony that she was offered a job in the U.S. as a
7. After receiving the money, she allegedly told Toledo that the papers will be
nursing aide by Darvin, there is nothing to show that Darvin engaged in
released within 45 days. She likewise testified that she was able to secure
recruitment activities. We also note that the prosecution did not present the
Toledo's passport on April 20, 1992 and even set up a date for an interview
testimonies of witnesses who could have corroborated the charge of illegal
with the US embassy. She alleged that she was not engaged in illegal
recruitment, when it had the opportunity to do so. Moreover, the receipt states
recruitment but merely acted as a travel agent in assisting individuals to
that it was for “U.S. Visa and airfare;” had the amount been for something else
secure passports and visas.
in addition to air fare and visa expenses, such as work placement abroad, the
8. The RTC Bacoor and the CA found Darvin guilty of the crime of simple illegal
recruitment but acquitted her of the crime of estafa, hence this petition.
Darvin engaged in recruitment activities. We also note that the prosecution
ISSUES: did not present the testimonies of witnesses who could have corroborated
W/N Darvin is engaged in recruitment activities, as defined under the Code. (NO) the charge of illegal recruitment, such as Florencio Rivera and Leonila
Rivera, when it had the opportunity to do so. As it stands, Toledo’s claim that
RATIO: Darvin promised her employment abroad is uncorroborated.
One of the elements of illegal recruitment is absent in this case. 7. All these, taken collectively, cast reasonable doubt on the guilt of the
1. Article 13 (b) of the Labor Code provides the definition of recruitment and accused. The SC explained that they can hardly rely on the bare allegations
placement as “any act of canvassing, enlisting, contracting, transporting, of Toledo that she was offered by Darvin employment abroad, nor on mere
utilizing, hiring, or procuring workers, and includes referrals, contract presumptions and conjectures, to convict the latter. No sufficient evidence
services, promising or advertising for employment locally or abroad, was shown to sustain the conviction, as the burden of proof lies with the
whether for profit or not: Provided, that any person or entity which, in any prosecution to establish that Darvin indeed engaged in recruitment activities,
manner, offers or promises for a fee employment to two or more persons thus committing the crime of illegal recruitment. In criminal cases, the
shall be deemed engaged in recruitment and placement.” burden is on the prosecution to prove, beyond reasonable doubt, the
2. On the other hand, Article 38 (a) of the Labor Code provides that “any essential elements of the offense with which the accused is charged; and if
recruitment activities, including the prohibited practices enumerated under the proof fails to establish any of the essential elements necessary to
Article 34 of this Code, to be undertaken by non-licensees or non holders of constitute a crime, the defendant is entitled to an acquittal.
authority shall be deemed illegal and punishable under Article 39 of this
Code. The Ministry of Labor and Employment or any law enforcement officer DISPOSITION OF THE COURT:
may initiate complaints under this Article.” WHEREFORE, the appeal is hereby GRANTED and the decision of the Court of Appeals
3. Applied to the present case, to uphold the conviction of Darvin, two elements in CA-G.R. CR No. 15624 dated January 31, 1996, is REVERSED and SET ASIDE.
need to be shown: Accused-appellant Imelda Darvin is hereby ACQUITTED on ground of reasonable
a. the person charged with the crime must have undertaken doubt. Accordingly, let the accused be immediately released from her place of
recruitment activities; AND confinement unless there is reason to detain her further for any other legal or valid
■ It must be shown that the offender gave the victim the cause. No pronouncement as to costs.
distinct impression that he/she had the power or ability to
send the victim abroad for work such that the latter was
convinced to part with his/her money in order to be so
employed.
b. the said person does not have a license or authority to do so.
■ It was already established that Darvin was unlicensed.
4. Although Toledo alleged that she was offered a job in the U.S. as a nursing
aide by Darvin, the SC said that it is not clear that Darvin gave the
impression that she was capable of providing Toledo work abroad.
5. What is established, however, is that Toledo gave Darvin P150,000.00. The
claim of the Darvin that the P150,000.00 was for payment of Darvin's
airfare and US visa and other expenses cannot be ignored because the
receipt for the P150,000.00, which was presented by both parties during the
trial of the case, stated that it was "for Air Fare and Visa to USA." Had the
amount been for something else in addition to air fare and visa expenses,
such as work placement abroad, the receipt should have so stated.
6. By themselves, procuring a passport, airline tickets and foreign visa for
another individual, without more, can hardly qualify as recruitment
activities. Aside from Toledo's testimony, there is nothing to show that