Facts:
Avelina Manalang was charged with Illegal Recruitment in Large Scale and multiple counts of Estafa (swindling). The prosecution presented the following facts:
– From June 2000 to May 28, 2001, Manalang and other unknown individuals represented themselves as recruiters for overseas employment.
– Manalang promised employment in countries such as Australia and South Korea for various positions and collected placement fees from several individuals without having the necessary license from the Department of Labor and Employment (DOLE).
– Manalang collected various sums from the complainants for processing their documents and other alleged expenses associated with their promised employment, but no deployment occurred, and attempts to recover the money were unsuccessful. Manalang was arrested during an entrapment operation on May 28, 2001.
– The trial proceeded with the testimonies of complainants and other evidences including receipts signed by Manalang under a fictitious name, “Tess Robles.”
Procedural Posture:
1. Criminal Case No. 01-192706 (Illegal Recruitment in Large Scale): Manalang was initially arraigned and pleaded not guilty.
2. Eight more cases of Estafa (Criminal Case Nos. 01-192707 to 01-192714) were consolidated with the initial case. During the trial, Criminal Case Nos. 01-192708 and 01-192710 were provisionally dismissed. Case Nos. 01-192709, 01-192711, and 01-192713 were dismissed for lack of evidence.
3. After trial, the RTC found Manalang guilty of Illegal Recruitment in Large Scale and three counts of Estafa. The court sentenced her to life imprisonment and various shorter terms for the Estafas.
4. Manalang appealed to the Court of Appeals (CA), which affirmed the RTC’s decision.
5. Unsatisfied with the CA’s affirmation, Manalang appealed to the Supreme Court.
Issues:
1. Whether Manalang was properly convicted of Illegal Recruitment in Large Scale under RA 8042.
2. Whether Manalang was properly convicted of three counts of Estafa under Article 315, par. 2(a) of the Revised Penal Code.
Court’s Decision:
The Supreme Court affirmed the appellate court’s decision, finding:
– Manalang was guilty of Illegal Recruitment in Large Scale under RA 8042:
– The acts described fell under “recruitment and placement” as defined in Article 13(b) of the Labor Code and Section 6 of RA 8042.
– Manalang performed recruitment without the license or authority from DOLE, as affirmed by a certification from the POEA.
– The recruitment was considered “in large scale” as it involved three or more people.
– The penalty imposed was life imprisonment and a fine of P1,000,000 due to the economic sabotage involved.
– Manalang was guilty of Estafa under Art. 315, par. 2(a) of the RPC:
– The convictions for Estafa were based on fraudulent representations that induced the complainants to part with their money.
– Manalang used a fictitious name and misrepresented her capacity to deploy workers overseas.
– The Supreme Court modified the penalties for Estafa, taking into account RA 10951, which adjusted penalties for property-related offenses under the RPC:
– Criminal Case No. 01-192712: Four months and twenty days of arresto mayor.
– Criminal Case No. 01-192707: Indeterminate sentence of three months arresto mayor to one year and eight months prision correccional.
– Criminal Case No. 01-192714: Same as Case No. 01-192707.
– All monetary awards given by the RTC will bear 6% per annum interest from the date of finality of the decision until full payment.
Doctrine:
1. Illegal recruitment operates under RA 8042 for both non-licensees and licensees undertaking proscribed acts.
2. Estafa requires false pretense executed before or during the transaction, reliance by the victim on false pretense, and resulting damage.
Class Notes:
– Illegal Recruitment in Large Scale: Defined under Section 6 of RA 8042 and Article 38(b) of the Labor Code as recruitment involving economic sabotage.
– Elements of Illegal Recruitment: (1) recruitment activities, (2) lack of DOLE license, (3) acts committed against three or more persons.
– Estafa under Article 315(2)(a) of the RPC: Elements include false pretense, inducement, and resultant damage.
– Legal rate of interest: 6% per annum on monetary awards from finality until fully paid (Jurisprudence: People v. Tolentino).
Historical Background:
This case serves as an example of the broader Government efforts under the Migrant Workers and Overseas Filipino Act of 1995 (RA 8042) to curb illegal recruitment practices rampant in the Philippines, particularly targeting economically vulnerable groups seeking employment abroad amidst restrictive local employment opportunities. The law and the corresponding jurisprudence reinforce stringent penalties for illegal recruitment as a deterrence.
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