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Illegal Recruitment

August 29, 2008

Read this article from Inquirer.net about a woman getting penalty of 60 years imprisonment for illegal recruitment.  Since I’m taking up criminal law 2, I decided to have an advance reading about the elements of thsi crime.  It turned out that this crime is not listed under the Revised Penal Code but instead it can be found under the Labor Code.  Under Article 38, it provides that illegal recruitment involves:

(a) Any recruitment activities, including the prohibited practices enumerated under Article 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.(b) Illegal recruitment when committed by a syndicate or in large scale shall be considered an offense involving economic sabotage and shall be penalized in accordance with Article 39 hereof.

Illegal recruitment is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring and/or confederating with one another in carrying out any unlawful or illegal transaction, enterprise or scheme defined under the first paragraph hereof. Illegal recruitment is deemed committed in large scale if committed against three (3) or more persons individually or as a group.


 

In People vs Pantaleon, G.R. No. 108107, June 19, 1997, in illegal recruitment, only two elements need be shown: (1) the person charged with the crime must have undertaken recruitment activities; and (2) the said person does not have a license or authority to do so.

Now how do these apply to the case reported by Inquirer.

M. E. (he initials)  was found guilty of illegal recruitment and four counts of estafa by Judge Felixberto Olalia Jr. of Manila RTC Branch 8 for luring four victims and taking at least P140,000 in “processing fees” in 2001-2002 despite the absence of incriminating receipts, a woman who falsely promised to deploy workers to Malaysia in 45 days was sentenced to a maximum 60 years imprisonment by the Manila Regional Trial Court Wednesday.

Complainants said they met the accused in her “friend’s” house in Tondo, where she represented herself as a recruiter for factory workers in Malaysia.

M. E. was paid by the victims P30,000 to P40,000 each to process their papers, but the suspect failed to send them abroad and return the money they gave.

Verification with the Philippine Overseas Employment Administration showed that the accused was not licensed to recruit for foreign jobs.

In her defense, M.E. , who claimed she was a sales representative, said she only met the plaintiffs through her friend but did not know the other 2.

She added that she never promised them employment, and that she was merely being harassed by the complainants because she appeared to be rich.

In a 23-page decision, the court ruled that the victims’ testimonies were “consistent and credible” even if there were no receipts to back their claim that they had given money to the accused.

The judge said the corroborative statements of the victims served as the receipts themselves evidencing payments.

“As a matter of fact, even the absence of receipts cannot defeat a criminal prosecution for illegal recruitment. As long as the witnesses can positively show through their respective testimonies that the accused is the one involved in prohibited recruitment, he/she may be convicted of the offense despite the absence of receipts,” said Olalia.

M.E.’s defense, stressed the judge, was weak compared to the positive testimonies of the victims.

Aside from serving 22-60 years behind bars, the accused was ordered to return the amounts paid to her by the complainants plus legal interests.

 In this case, the judge relied on the positive testimonies of the complainants that M.E. was involved in recruitment activities by non-licensed persons and those without authorities.  It seems that the defense is weak because it just involves bare denials.



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