G.R. No.

169076 January 27, 2007

People of the Philippines vs. Joseph Jamilosa

Facts:

Appellant was charged with large scale illegal recruitment for allegedly representing to have the capacity, authority or
license to contract, enlist and deploy or transport workers for overseas employment. Appellant pleaded not guilty. The
prosecution presented 3 witnesses and documentary evidence (Certification issued by Licensing Branch of POEA).
Witnesses testified that appellant introduced to them that he is a recruiter of workers for employment abroad and that he
could help them land a job abroad and asked for sums of money to secure visas and as processing fees for other
documents.

RTC rendered judgment finding the accused guilty beyond reasonable doubt of the crime charged. CA resolved to transfer
the case to the CA convicted Jamilosa for large scale illegal recruitment.

Issue:

WON Appellant is guilty beyond reasonable doubt of the crime of Illegal Recruitment in Large Scale.

Held:

Appellant is guilty beyond reasonable doubt.

Any recruitment activities undertaken by a non-licensee or non-holder of contracts shall be deemed illegal and
punishable under Article 39 of the LC.

To prove illegal recruitment in large scale, the prosecution is burdened to prove 3 essential elements, to wit: (1)
the person charged undertook a recruitment activity under Article 13 (b) or any prohibited practice under Article 34 of the
LC; (2) accused did not have the license or the authority to lawfully engage in the recruitment and placement of workers;
and (3) accused committed the same against three or more persons individually or as a group.

The Court found the collective testimonies of the complaining witnesses to be credible and deserving of full
probative weight. The prosecution mustered the requisite quantum of evidence to prove the guilt of accused beyond
reasonable doubt.

Article 13 (b) of the LC provides that the act of recruitment may be for profit or not. It is sufficient that the accused
promises or offers for a fee employment to warrant conviction for illegal recruitment.

Article 13 (b) of the LC defines recruitment and placement as - 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.

Section 6, of RA 8042 defines illegal recruitment as any act of canvassing, enlisting, contracting, transporting,
utilizing, hiring, 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 or authority contemplated under
Article 13 (f) of Presidential Decree No. 442, as amended, otherwise known as LC of the Phils. Provided, that such non-
licensee or non-holder who, in any manner, offers or promises for a fee employment abroad to two or more persons shall
be deemed so engaged. It shall likewise include the following acts, whether committed by any persons, whether a non-
licensee, non-holder, licensee or holder of authority

(a) To charge or accept directly or indirectly any amount greater than the 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;

(l) Failure to actually deploy without valid reason a determined by DOLE; and

(m) Failure to reimburse expenses incurred by the workers in connection with his documentation and processing for
purposes of deployment, in cases where the deployment does not actually take place without the workers fault. Illegal
recruitment when committed by a syndicate or in large scale shall be considered as offense involving economic sabotage.
Illegal recruitment is deemed committed by a syndicate carried out by a group of 3 or more persons conspiring or
confederating with one another. It is deemed committed in large scale if committed against 3 or more persons individually
or as a group.