HERNANDO, J.:
That in or about and during the period comprised between June 2000 to May 28, 2011, inclusive in the City of Manila, Philippines, the said accused (defendant-appellant, herein), conspiring and confederating with one whose true name, real identity and present whereabouts is still unknown and mutually helping each other, representing herself to have the capacity to contract, enlist and transport Filipino workers for employment abroad, did then and there willfully and unlawfully, for a fee, recruit and promise employment/job placement to the following persons, to wit:In addition, eight (8) other Informations[4] docketed as Criminal Case Nos. 01-192707 to 01-192714 charged Manalang with Estafa. The accusatory portions of the Informations in Criminal Case Nos. 01-192707, 01-192712, and 01-192714, which are the subject of the instant appeal, read:
As Chamber Maid in Australia:
Ma. Teresa P. Marañon
Erlie Lorrico y Lavado
Leizel Miguel y Leria
Gemma L. Ortiz
Lolita V. Tura
As Factory Worker in South Korea
Jhun M. Labarento
Edwin L. Geronimo
As Waiter in Australia
Edgardo R. Cawas
without first having secured the required license or authority from the Department of Labor and Employment and said accused without valid reasons and without the fault of the complainants failed to actually deploy them and continuously fail, despite demands to reimburse the expense incurred by the said complainants in connection with their documentation and processing for purpose of their deployment.
Contrary to law.[3]
That in or about and during the period comprised between December 9, 2000 and May 28, 2001 inclusive, in the city of Manila, Philippines, the said accused, conspiring and confederating with one whose true name identity and present whereabouts are still unknown and helping each other, the said accused did then and there willfully, unlawfully and feloniously defraud MA. TERESA P. MARAÑON in the following manner, to wit: the said accused, by means of false manifestation and fraudulent representations which they made to said MA. TERESA P. MARAÑON to the effect that they have the power and capacity to recruit and employ said MA. TERESA P. MARAÑON in Australia as Chamber Maid and could facilitate the processing of the pertinent papers if given the necessary amount to meet the requirements thereof, and by means of other similar deceits, induced and succeeded in inducing said MA. TERESA P. MARAÑON to give and deliver, as in fact, she gave and delivered to said accused the amount of P80,000.00 on the strength of the said manifestations and representations, said accused well knowing that the same were false and fraudulent and were made solely to obtain, as in fact they did obtain the said amount of P80,000.00 which amount once in her possession, with intent to defraud, they willfully, unlawfully and feloniously misappropriated, misapplied and converted to her own personal use and benefit, to the damage and prejudice of the said MA. TERESA P. MARAÑON in the aforesaid amount of P80,000.00, Philippine currency.
Contrary to law.[5]
That in or about and during the period comprised between August 16, 2000 and May 28, 2001, inclusive, in the city of Manila, Philippines, the said accused, conspiring and confederating with one whose true name identity and present whereabouts are still unknown and helping each other, the said accused did then and there willfully, unlawfully and feloniously defraud LOLITA V. TURA in the following manner, to wit: the said accused, by means of false manifestation and fraudulent representations which they made to said LOLITA V. TURA to the effect that they have the power and capacity to recruit and employ said LOLITA V. TURA in Australia as Chamber Maid and could facilitate the processing of the pertinent papers if given the necessary amount to meet the requirements thereof, and by means of other similar deceits, induced and succeeded in inducing said LOLITA V. TURA to give and deliver, as in fact, she gave and delivered to said accused the amount of P56,000.00 on the strength of the said manifestations and representations, said accused well knowing that the same were false and fraudulent and were made solely to obtain, as in fact they did obtain the said amount of P56,000.00 which amount once in her possession, with intent to defraud, they willfully, unlawfully and feloniously misappropriated, misapplied and converted to her own personal use and benefit, to the damage and prejudice of the said LOLITA V. TURA in the aforesaid amount of P56,000.00, Philippine currency.
Contrary to law.[6]
That in or about and during the period comprised between February 21, 2001 and May 28, 200inclusive, in the City of Manila, Philippines, the said accused, conspiring and confederating with one whose true name identity and present whereabouts are still unknown and helping each other, the said accused did then and there willfully, unlawfully and feloniously defraud EDGARDO R. CAWAS in the following manner, to wit: the said accused, by means of false manifestation and fraudulent representations which they made to said EDGARDO R. CAWAS to the effect that they have the power and capacity to recruit and employ said EDGARDO R. CAWAS in Australia as waiter and could facilitate the processing of the pertinent papers if given the necessary amount to meet the requirements thereof, and by means of other similar deceits, induced and succeeded in inducing said EDGARDO R. CAWAS to give and deliver, as in fact, she gave and delivered to said accused the amount of P65,000.00 on the strength of the said manifestations and representations, said accused well knowing that the same were false and fraudulent and were made solely to obtain, as in fact they did obtain the said amount of P65,000.00 which amount once in her possession, with intent to defraud, they willfully, unlawfully and feloniously misappropriated, misapplied and converted to her own personal use and benefit, to the damage and prejudice of the said EDGARDO R. CAWAS in the aforesaid amount of P65,000.00, Philippine currency.The cases were thereafter consolidated[8] and upon arraignment, Manalang pleaded not guilty to all charges.[9]
Contrary to law.[7]
This is to certify that per available records of this Office, AVELINA MANALANG, in her personal capacity is neither licensed nor authorized by this Administration to recruit workers for overseas employment.The prosecution presented the private complainants Lolita V. Tura (Tura), Ma. Teresa P. Marañon (Marañon), and Edgardo R. Cawas (Cawas), as witnesses. The defense, on the other hand, presented Manalang and Madilyn Masagca (Masagca) as its witnesses.
Any recruitment activity undertaken by the above-named person is deemed illegal. [xxx][19]
WHEREFORE, premises considered, this Court finds the accused AVELINA MANALANG a.k.a. Tess Robles, GUILTY beyond reasonable doubt of the offense of Illegal Recruitment in large scale and hereby imposes upon her a penalty of life imprisonment and a fine of PhP500,000.00.
This Court likewise finds her GUILTY beyond reasonable doubt for three (3) counts of Estafa under Art.315 paragraph 2(a) and hereby imposes upon her the penalty of imprisonment of:a.) In Crim. Case No. 01-192712 – 4 years, 2 months of prision correccional to 7 years, 8 months and 21 days of prision mayor as maximum and to pay Lolita Tura the amount of PhP32,000.00 plus 12% interest per annum from the finality of this judgment until fully paid;
b.) In Crim. Case No. 01-192707 – 4 years, 2 months of prision correccional to 11 years, 8 months and 21 days of prision mayor as maximum and to pay Ma. Theresa Marañon the amount of PhP80,000.00 plus 12% interest per annum from the finality of this judgment until fully paid;
c.) In Crim Case No. 01-192714 - 4 years, 2 months of prision correccional to 10 years, 8 months and 21 days of prision mayor as maximum and to pay Edgardo Cawas the amount of PhP65,000.00 plus 12% interest per annum from the finality of this judgment until fully paid;
Criminal Case Nos. 01-192709, 01-192711 and 01-192713 are DISMISSED for lack of evidence, while the provisional dismissal of Criminal Case Nos. 01-192708 and 01-192710 are hereby made PERMANENT for failure of the complainants to revive the same.
SO ORDERED.[60]
WHEREFORE, the instant appeal is DENIED for lack of merit. The RTC Decision dated July 31, 2008 is AFFIRMED in toto.
SO ORDERED.
Art. 13. Definitions. – x x x
(b) "Recruitment and placement" refers to 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.
ART. 38. Illegal Recruitment.Article 13(b) of the Labor Code provides that illegal recruitment encompasses recruitment activities for both local and overseas employment. However, Article 38 of the same Code limits said recruitment activities as those undertaken by non-licensees or non-holders of authority.[65]
(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 Department 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.
(c) The Secretary of Labor and Employment or his duly authorized representatives shall have the power to cause the arrest and detention of such non-licensee or non-holder of authority if after investigation it is determined that his activities constitute a danger to national security and public order or will lead to further exploitation of job-seekers. The Secretary shall order the search of the office or premises and seizure of documents, paraphernalia, properties and other implements used in illegal recruitment activities and the closure of companies, establishments and entities found to be engaged in the recruitment of workers for overseas employment, without having been licensed or authorized to do so. (Emphases supplied)
SEC. 6. Definition. — For purposes of this Act, illegal recruitment shall mean any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers and includes referring, contract 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: Provided, That any such non-licensee or non-holder who, in any manner, offers or promises for a fee employment abroad for two or more persons shall be deemed so engaged. It shall likewise include the following acts, whether committed by any person, whether a non-licensee, non-holder, licensee or holder of authority:People v. Tolentino,[71] explains the foregoing provision as follows:
(a) To charge or accept directly or indirectly any amount greater than that specified in the schedule of allowable fees prescribed by the Secretary of Labor and Employment, or to make a worker pay any amount greater than that actually received by him as a loan or advance;
(b) To furnish or publish any false notice or information or document in relation to recruitment or employment;
(c) To give any false notice, testimony, information or document or commit any act of misrepresentation for the purpose of securing a license or authority under the Labor Code;
(d) To induce or attempt to induce a worker already employed to quit his employment in order to offer him another unless the transfer is designed to liberate a worker from oppressive terms and conditions of employment;
(e) To influence or attempt to influence any person or entity not to employ any worker who has not applied for employment through his agency;
(f) To engage in the recruitment or placement of workers in jobs harmful to public health or morality or to the dignity of the Republic of the Philippines;
(g) To obstruct or attempt to obstruct inspection by the Secretary of Labor and Employment or by his duly authorized representative;
(h) To fail to submit reports on the status of employment, placement vacancies, remittance of foreign exchange earnings, separation from jobs, departures and such other matters or information as may be required by the Secretary of Labor and Employment;
(i) To substitute or alter to the prejudice of the worker, employment contracts approved and verified by the Department of Labor and Employment from the time of actual signing thereof by the parties up to and including the period of the expiration of the same without the approval of the Department of Labor and Employment;
(j) For an officer or agent of a recruitment or placement agency to become an officer or member of the Board of any corporation engaged in travel agency or to be engaged directly or indirectly in the management of a travel agency;
(k) To withhold or deny travel documents from applicant workers before departure for monetary or financial considerations other than those authorized under the Labor Code and its implementing rules and regulations;
(l) Failure to actually deploy without valid reason as determined by the Department of Labor and Employment; and
(m) Failure to reimburse expenses incurred by the worker in connection with his documentation and processing for purposes of deployment, in cases where the deployment does not actually take place without the worker's fault. Illegal recruitment when committed by a syndicate or in large scale shall be considered an offense involving economic sabotage.
Illegal recruitment 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 is deemed committed in large scale if committed against three (3) or more persons individually or as a group.
The persons liable for the above offenses are the principals, accomplices and accessories. In case of juridical persons, the officers having control, management or direction of their business shall be liable. (Emphases supplied)
Under RA 8042, a non-licensee or non-holder of authority commits illegal recruitment for overseas employment in two ways: (1) by any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers, and includes referring, contract services, promising or advertising for employment abroad, whether for profit or not; and (2) by undertaking any of the acts enumerated under Section 6 of RA 8042. On the other hand, a licensee or holder of authority is also liable for illegal recruitment for overseas employment when he or she undertakes any of the thirteen acts or practices [(a) to (m)] listed under Section 6 of RA 8042. To constitute illegal recruitment in large scale, the offense of illegal recruitment must be committed against three or more persons, individually or as a group.[72]
SEC. 7. Penalties. —To recall, the RTC imposed a penalty of life imprisonment and a fine of P500,000.00 against Manalang,[75] which was affirmed by the appellate court. Since in this case, the crime of Illegal Recruitment in Large Scale is considered as an offense involving economic sabotage and committed by a non-licensee or non-holder of authority, there is a need to increase the fine imposed from P500,000.00 to P1,000,000,00.
(a) Any person found guilty of illegal recruitment shall suffer the penalty of imprisonment of not less than six (6) years and one (1) day but not more than twelve (12) years and a fine of not less than Two hundred thousand pesos (P200,000.00) nor more than Five hundred thousand pesos (P500,000.00).
(b) The penalty of life imprisonment and a fine of not less than Five hundred thousand pesos (P500.000.00) nor more than One million pesos (P1,000,000.00) shall be imposed if illegal recruitment constitutes economic sabotage as defined herein.
Provided, however, That the maximum penalty shall be imposed if the person illegally recruited is less than eighteen (18) years of age or committed by a non-licensee or non-holder of authority. (Emphases supplied)
Art. 315. Swindling (estafa). — Any person who shall defraud another by any of the means mentioned hereinbelow x x x:
x x x x
2. By means of any of the following false pretenses or fraudulent acts executed prior to or simultaneously with the commission of the fraud:
x x x x
(a) By using fictitious name, or falsely pretending to possess power, influence, qualifications, property, credit, agency, business or imaginary transactions, or by means of other similar deceits.
x x x x
Section 85. Article 315 of the same Act, as amended by Republic Act No. 4885, Presidential Decree No. 1689, and Presidential Decree No. 818, is hereby further amended to read as follows:
Art. 315. Swindling (estafa). — Any person who shall defraud another by any of the means mentioned hereinbelow shall be punished by:
1st. The penalty of prisión correctional in its maximum period to prisión mayor in its minimum period, if the amount of the fraud is over Two million four hundred thousand pesos (P2,400,000) but does not exceed Four million four hundred thousand pesos (P4,400,000), and if such amount exceeds the latter sum, the penalty provided in this paragraph shall be imposed in its maximum period, adding one year for each additional Two million pesos (P2,000,000); but the total penalty which may be imposed shall not exceed twenty years. In such cases, and in connection with the accessory penalties which may be imposed and for the purpose of the other provisions of this Code, the penalty shall be termed prisión mayor or reclusion temporal, as the case may be.
2nd. The penalty of prisión correctional in its minimum and medium periods, if the amount of the fraud is over One million two hundred thousand pesos (P1,200,000) but does not exceed Two million four hundred thousand pesos (P2,400,000).
3rd. The penalty of arresto mayor in its maximum period to prisión correctional in its minimum period, if such amount is over Forty thousand pesos (P40,000) but does not exceed One million two hundred thousand pesos (P1,200,000).
4th. By arresto mayor in its medium and maximum periods, if such amount does not exceed Forty thousand pesos (P40,000): Provided, That in the four cases mentioned, the fraud be committed by any of the following means:[82] (Emphases supplied)
1) | In Criminal Case No. 01-192706, accused-appellant AVELINA MANALANG a.k.a. Tess Robles, a.k.a. ALVINA MANALANG is found GUILTY beyond reasonable doubt of the offense of Illegal Recruitment in Large Scale, constituting economic sabotage, as defined and penalized in Sections 6 and 7(b) of Republic Act No. 8042. She is sentenced to suffer the penalty of life imprisonment and to pay a fine in the increased amount of One Million Pesos (P1,000,000.00). |
2) | In Criminal Case No. 01-192712, accused-appellant AVELINA MANALANG a.k.a. Tess Robles, a.k.a. ALVINA MANALANG, is found GUILTY beyond reasonable doubt of the offense of Estafa, as defined and penalized in Article 315(2)(a) of the Revised Penal Code. She is sentenced to suffer the the straight penalty of four (4) months and twenty (20) days of arresto mayor. In addition, she is ordered to pay private complainant Lolita Tura the amount of Thirty-Two Thousand Pesos (P32,000.00) as actual damages, with legal interest at the rate of six percent (6%) per annum from the date of finality of this Decision until fully paid; |
3) | In Criminal Case No. 01-192707, defendant-appellant AVELINA MANALANG a.k.a. Tess Robles, a.k.a. ALVINA MANALANG is found GUILTY beyond reasonable doubt of the offense of Estafa, as defined and penalized in Article 315(2)(a) of the Revised Penal Code. She is sentenced to suffer the indeterminate sentence of three (3) months of arresto mayor, as minimum, to one (1) year and eight (8) months of prision correccional, as maximum. She is also ordered to pay private complainant Ma. Theresa Marañon the amount of Eighty Thousand Pesos (P80,000.00) as actual damages, with legal interest of at the rate of six percent (6%) per annum from the date of finality of this Decision until fully paid; |
4) | In Criminal Case No. 01-192714, defendant-appellant AVELINA MANALANG a.k.a. Tess Robles, a.k.a. ALVINA MANALANG, is found GUILTY beyond reasonable doubt of the offense of Estafa, as defined and penalized in Article 315(2)(a) of the Revised Penal Code. She is sentenced to suffer the indeterminate sentence of three (3) months of arresto mayor, as minimum, to one (1) year and eight (8) months of prision correccional, as maximum. In addition, she is ordered to pay private complainant Edgardo Cawas the amount of Sixty-Five Thousand Pesos (P65,000.00) as actual damages, with legal interest of at the rate of six percent (6%) per annum from the date of finality of this Decision until fully paid. |