762 PHIL. 592
CARPIO, J.:
Private complainants Orlando Layoso, Donna Magboo, Jimmy Lejos, and Marcelino Lejos[8] alleged that sometime in the first week of November 2001, they had a meeting with appellant Alelie Tolentino (appellant) in her office at the 3rd floor, Arevalo Building, Alabang, Muntinlupa City. Appellant told them the procedure for overseas employment and offered them assistance to find work abroad for a fee of P80,000. Appellant showed them pictures of those she allegedly helped find work abroad and told them that they would be earning $630 monthly as factory workers in Korea. When asked about her license to recruit overseas workers, appellant told private complainants that she would show it to them at some other time. On 14 November 2001, private complainants again met with appellant at her office and each of them gave appellant P20,000 as partial payment of the agreed fee, which included expenses for medical examination and processing of their documents for work in Korea. Appellant promised to secure their visas and employment contracts within three months.CRIM. CASE NO. 02-755
The undersigned Assistant City Prosecutor accuses ALELIE TOLENTINO of the crime of Illegal Recruitment committed as follows:
That on or about [or sometime in] the last week of August, 2001 and 1st week of November, 2001 and thereafter, in the City of Muntinlupa, Philippines and within the jurisdiction of this Honorable Court, the above-named accused jointly with NARCISA SANTOS did then and there willfully, unlawfully and feloniously advertise for employment, enlist, contract and promise employment to the following persons: LEDERLE PANESA, ORLANDO LAYOSO, JIMMY LEJOS, MARCELINO LEJOS and DONNA MAGBOO for a fee without first securing license and/or permit from the government agency concerned.
Contrary to law.[2]CRIM. CASE NO. 02-756
The undersigned Assistant City Prosecutor accuses ALELIE TOLENTINO of the crime of Estafa under Art. 315 Par. 2(a) of the Revised Penal Code, as amended, committed as follows:
That on or about or sometime in the first week of August 2001 and thereafter, in the City of Muntinlupa, Philippines and. within the jurisdiction of this Honorable Court, the above-named accused, by means of deceit, fraudulent acts and false pretenses executed prior to or simultaneously with the commission of the fraud, did [then] and there willfully, unlawfully and feloniously defraud one LEDERLE PANESA, in the following manner: accused represented to the said complainant that she could secure work for the said complainant at Korea and she is capable of processing the travel visa and other documents for her travel and employment at Korea and demanded from the said complainant to pay the amount of P75,000.00 as placement fee; accused well knew that such representations were false and made only to induce complainant to part with her money as in fact complainant gave and delivered the amount of P15,000.00 as partial payment to the accused; and accused once in possession of the said amount, did then and there willfully, unlawfully and feloniously misappropriate, misapply and convert the same to her own personal use and benefit to the damage and prejudice of the said complainant in the amount of P15,000.00.
Contrary to law.[3]CRIM. CASE NO. 02-757
The undersigned Assistant City Prosecutor accuses ALELIE TOLENTINO of the crime of Estafa under Art. 315 Par,, 2(a) of the Revised Penal Code, as amended, committed as follows:
That on or about or sometime in the first week of November, 2001 and thereafter, in the City of Muntinlupa, Philippines and within the jurisdiction of this Honorable Court, the above-named accused conspiring and confederating with NARCISA SANTOS, and both of them mutually helping and aiding one another, by means of deceit, fraudulent acts and false pretenses executed prior to or simultaneously with the commission of the fraud, did [then] and there willfully, unlawfully and feloniously defraud one ORLANDO LAYOSO, in the following manner: accused represented to the said complainant that she could secure work for the said complainant at Korea and she is capable of processing the travel visa and other documents for [his] travel and employment at Korea and demanded from the said complainant to pay the amount of P80,000.00 as placement fee; accused well knew that such representations were false and made only to induce complainant to part with [his] money as in fact complainant gave and delivered the amount of P35,000.00 as partial payment to the accused; and accused once in possession of the said amount, did then and there willfully, unlawfully and feloniously misappropriate, misapply and convert the same to her own personal use and benefit to the damage and prejudice of the said complainant in the amount of P35,000.00.
Contrary to law.[4]CRIM. CASE NO. 02-758
The undersigned Assistant City Prosecutor accuses ALELIE TOLENTINO of the crime of Estafa under Art. 315 Par. 2(a) of the Revised Penal Code, as amended, committed as follows:
That on or about or sometime in the first week of November, 2001 and thereafter, in the City of Muntinlupa, Philippines and within the jurisdiction of this Honorable Court, the above-named accused conspiring and confederating with NARCISA SANTOS, and both of them mutually helping and aiding one another, by means of deceit, fraudulent acts and false pretenses executed prior to or simultaneously with the commission of the fraud, did [then] and there willfully, unlawfully and feloniously defraud one DONNA MAGBOO, in the following manner: accused represented to the said complainant that she could secure work for the said complainant at Korea and she is capable of processing the travel visa and other documents for her travel and employment at Korea and demanded from the said complainant to pay the amount of P80,000.00 as placement fee; accused well knew that such representations were false and made only to induce complainant to part with her money as in fact complainant gave and delivered the amount of P35,000.00 as partial payment to the accused; and accused once in possession of the said amount, did then and there willfully, unlawfully and feloniously misappropriate, misapply and convert the same to her own personal use and benefit to the damage and prejudice of the said complainant in the amount of P35,000.00.
Contrary to law.[5]CRIM. CASE NO. 02-759
The undersigned Assistant City Prosecutor accuses ALELIE TOLENTINO of the crime of Estafa under Art. 315 Par. 2(a) of the Revised Penal Code, as amended, committed as follows:
That on or about or sometime in the first week of November, 2001 and thereafter, in the City of Muntinlupa, Philippines and within the jurisdiction of this Honorable Court, the above-named accused conspiring and confederating with NARCISA SANTOS, and both of them mutually helping and aiding one another, by means of deceit, fraudulent acts and false pretenses executed prior to or simultaneously with the commission of the fraud, did [then] and there willfully, unlawfully and feloniously defraud one JIMMY LEJOS, in the following manner: accused represented to the said complainant that she could secure work for the said complainant at Korea and she is capable of processing the travel visa and other documents for [his] travel and employment at Korea and demanded from the said complainant to pay the amount of P80,000.00 as placement fee; accused well knew that such representations were false and made only to induce complainant to part with [his] money as in fact complainant gave and delivered the amount of P35,000.00 as partial payment to the accused; and accused once in possession of the said amount, did then and there willfully, unlawfully and feloniously misappropriate, misapply and convert the same to her own personal use and benefit to the damage and prejudice of the said complainant in the amount of P35,000.00.
Contrary to law.[6]CRIM. CASE NO. 02-760
The undersigned Assistant City Prosecutor accuses ALELIE TOLENTINO of the crime of Estafa under Art. 315 Par. 2(a) of the Revised Penal Code, as amended, committed as follows: That on or about or sometime in the first week of November, 2001 and thereafter, in the City of Muntinlupa, Philippines and within the jurisdiction of this Honorable Court, the above-named accused conspiring and confederating with NARCISA SANTOS, and both of them mutually helping and aiding one another, by means of deceit, fraudulent acts and false pretenses executed prior to or simultaneously with the commission of the fraud, did [then] and there willfully, unlawfully and feloniously defraud one MARCELINO LEJOS, in the following manner: accused represented to the said complainant that she could secure work for the said complainant at Korea and she is capable of processing the travel visa and other documents for [his] travel and employment at Korea and demanded from the said complainant to pay the amount of P80,000.00 as placement fee; accused well knew that such representations were false and made only to induce complainant to part with [his] money as in fact complainant gave and delivered the amount of P20,000.00 as partial payment to the accused; and accused once in possession of the said amount, did then and there willfully, unlawfully and feloniously misappropriate, misapply and convert the same to her own personal use and benefit to the damage and prejudice of the said complainant in the amount of P20,000.00.
Contrary to law.[7]
WHEREFORE, the Court finds accused Alelie (also known as Alelie Tolentino) guilty beyond reasonable doubt of the offense of large scale illegal recruitment, which constitutes economic sabotage in Criminal Case Case No. 02-755 and sentences her to life imprisonment and to pay a fine of P500,000.00; and five counts of estafa under Article 315 2(a) of the Revised Penal Code, as amended, in the following criminal cases and sentences her, as follows:
In Criminal Case No. 02-756, an indeterminate penalty of six months of arresto mayor in its maximum to four years two months and one day of prision correccional in its maximum as the maximum period, and to pay the private complainant the amount of P5,000.00 as and for moral damages. Accused is further ordered to return the amount of PI5,000.00 she illegally collected from the private complainant.
In Criminal Case Nos. 02-757, 02-758 and 02-759, an indeterminate penalty [of] six months of arresto mayor in its maximum to twelve years of prision mayor in its maximum, and to pay the private complainants individually each in the amount of P15,000.00 as and for moral damages. Accused is further ordered to return the amount of P35,000.00 she illegally collected each from the private complainants.
In Criminal Case No. 02-760, an indeterminate penalty of six months of arresto mayor in its maximum as the minimum period to six years and one day of prision mayor in its minimum as the maximum period, and to pay the private complainant the amount of P8,000.00 as and for moral damages. Accused is further ordered to return the amount of P20,000.00 she illegally collected from the private complainant.
Her full period of preventive imprisonment shall be credited in her favor in accordance with Article 29 of the Revised Penal Code.
SO ORDERED.[9]
ART. 38. Illegal RecruitmentIllegal recruitment, as defined under Article 38 of the Labor Code, encompasses recruitment activities for both local and overseas employment. However, illegal recruitment under this article is limited to recruitment activities undertaken by non-licensees or non-holders of authority.[10] Thus, under the Labor Code, to constitute illegal recruitment in large scale, three elements must concur:
(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)
1. The accused undertook any recruitment activity defined under Art. 13 (b) or any prohibited practice enumerated under Art. 34 of the Labor Code.RA 8042,[12] otherwise known as the "Migrant Workers and Overseas Filipinos Act of 1995," established a higher standard of protection and promotion of the welfare of the migrant workers, their families and overseas Filipinos in distress. RA 8042 also broadened the concept of illegal recruitment for overseas employment and increased the penalties, especially for Illegal Recruitment in Large Scale and Illegal Recruitment Committed by a Syndicate, which are considered offenses involving economic sabotage.[13] Part II of RA 8042 defines and penalizes illegal recruitment for employment abroad, whether undertaken by a non-licensee or non-holder of authority or by a licensee or holder of authority.
2. He did not have the license or the authority to lawfully engage in the recruitment and placement of workers.
3. He committed the same against three or more persons, individually or as a group.[11]
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:Unlike illegal recruitment as defined under the Labor Code which is limited to recruitment activities undertaken by non-licensees or non-holders of authority, under Article 6 of RA 8042, illegal recruitment (for overseas employment) may be committed not only by non-licensees or non-holders of authority but also by licensees or holders of authority. Article 6 enumerates thirteen acts or practices [(a) to (m)] which constitute illegal recruitment, whether committed by any person, whether a non-licensee, non-holder, licensee or holder of authority. Except for the last two acts [(1) and (m)] on the list under Article 6 of RA 8042, the first eleven acts or practices are also listed in Article 34[14] of the Labor Code under the heading "Prohibited practices." Thus, under Article 34 of the Labor Code, it is unlawful for any individual, entity, licensee or holder of authority to engage in any of the enumerated prohibited practices, but such acts or practices do not constitute illegal recruitment when undertaken by a licensee or holder of authority. However, under Article 38(A) of the Labor Code, when a non-licensee or non-holder of authority undertakes such "prohibited practices," he or she is liable for illegal recruitment. RA 8042 broadened the definition of illegal recruitment for overseas employment by including thirteen acts or practices which now constitute as illegal recruitment, whether committed by a non-licensee, non-holder, licensee or holder of authority.
(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.
SEC. 7. Penalties. -
(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 shall be punished by:Thus, when the amount of fraud is over P12,000 but not exceeding P22,000, the penalty imposed is prision correccional in its maximum period to prision mayor in its minimum period, i.e., from 4 years, 2 months and 1 day to 8 years. Under the Indeterminate Sentence Law, the minimum term shall be within the range of the penalty next lower to that prescribed by the Revised Penal Code, which is prision correccional in its minimum to medium period. The time included in this penalty is from 6 months and 1 day to 4 years and 2 months.
1st. The penalty of prision correccional in its maximum period to prision mayor in its minimum period, if the amount of the fraud is over 12,000 pesos but does not exceed 22,000 pesos, 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 10,000 pesos; 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 prision mayor or reclusion temporal, as the case may be;x x x x x x x x x
1. Minimum Period - 4 years, 2 months and 1 day to 5 years, 5 months and 10 days;Any incremental penalty, i.e. one year for every P10,000 in excess of P22,000, shall be added to anywhere from 6 years, 8 months and 21 days to 8 years, at the court's discretion, provided the total penalty does not exceed 20 years.[25]
2. Medium Period - 5 years, 5 months and 11 days to 6 years, 8 months and 20 days;
3. Maximum Period - 6 years, 8 months and 21 days to 8 years.
(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;[15] Records, p. 176.
(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 this 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 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;
(i) To substitute or alter employment contracts approved and verified by the Department of Labor from the time of actual signing thereof by the parties up to and including the periods of the expiration of the same without the approval of the Department of Labor;
(j) 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; and
(k) To withhold or deny travel documents from applicant workers before departure for monetary or financial considerations other than those authorized under this Code and its implementing rules and regulations.