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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
February-1997 Jurisprudence                 

  • G.R. No. 99039 February 3, 1997 - FORD PHIL., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 100748 February 3, 1997 - JOSE BARITUA v. COURT OF APPEALS, ET AL.

  • G.R. No. 108547 February 3, 1997 - FELICIDAD VDA. DE CABRERA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 112761-65 February 3, 1997 - PEOPLE OF THE PHIL. v. PORFERIO M. PEPITO

  • G.R. No. 114183 February 3, 1997 - PEOPLE OF THE PHIL. v. JESUS BORJA

  • G.R. No. 119310 February 3, 1997 - JULIETA V. ESGUERRA v. COURT OF APPEALS, ET AL.

  • G.R. No. 119935 February 3, 1997 - UNITED SOUTH DOCKHANDLERS, INC. v. NLRC, ET AL.

  • G.R. No. 122156 February 3, 1997 - MANILA PRINCE HOTEL v. GSIS, ET AL.

  • G.R. No. 123332 February 3, 1997 - AUGUSTO GATMAYTAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 118915 February 4, 1997 - CAPITOL MEDICAL CENTER-ACE-UFSW v. BIENVENIDO LAGUESMA, ET AL.

  • Adm. Matter No. P-94-1110 February 6, 1997 - MELENCIO S. SY v. CARMELITA S. MONGCUPA

  • Adm. Matter No. P-96-1203 February 6, 1997 - ERNESTO A. REYES v. NORBERTO R. ANOSA

  • G.R. No. 110668 February 6, 1997 ccc zz

    SMITH, BELL & CO., INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 111682 February 6, 1997 - ZENAIDA REYES v. COURT OF APPEALS, ET AL.

  • G.R. No. 117982 February 6, 1997 - COMMISSIONER OF INTERNAL REVENUE v. COURT OF APPEALS, ET AL.

  • G.R. No. 118843 February 6, 1997 - ERIKS PTE. LTD. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 118950-54 February 6, 1997 - PEOPLE OF THE PHIL. v. LUCRECIA GABRES

  • G.R. No. 119322 February 6, 1997 - COMMISSIONER OF INTERNAL REVENUE, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 98252 February 7, 1997 - PEOPLE OF THE PHIL. v. RENE JANUARIO, ET AL.

  • G.R. No. 110391 February 7, 1997 - PEOPLE OF THE PHIL. v. DOLORES DE LEON

  • G.R. No. 112191 February 7, 1997 - FORTUNE MOTORS (PHILS.) CORP., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 112714-15 February 7, 1997 - PEOPLE OF THE PHIL. v. ANTONIO SAGARAL

  • G.R. No. 117472 February 7, 1997 - PEOPLE OF THE PHIL. v. LEO ECHEGARAY

  • G.R. No. 119657 February 7, 1997 - UNIMASTERS CONGLOMERATION, INC. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 119772-73 February 7, 1997 - PEOPLE OF THE PHIL. v. NIGEL RICHARD GATWARD

  • G.R. No. 125249 February 7, 1997 - JIMMY S. DE CASTRO v. COMELEC, ET AL.

  • Adm. Matter No. P-95-1161 February 10, 1997 - JESUS N. BANDONG v. BELLA R. CHING

  • G.R. No. 108894 February 10, 1997 - TECNOGAS PHIL. MFG. CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 109887 February 10, 1997 - CECILIA CARLOS v. COURT OF APPEALS, ET AL.

  • G.R. No. 117702 February 10, 1997 - PEOPLE OF THE PHIL. v. CRISPIN YPARRAGUIRRE

  • G.R. No. 124553 February 10, 1997 - ROSARIO R. TUASON v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. MTJ-95-1070 February 12, 1997 - MARIA APIAG, ET AL. v. ESMERALDO G. CANTERO

  • Adm. Matter No. P-87-100 February 12, 1997 - FELISA ELIC VDA. DE ABELLERA v. NEMESIO N. DALISAY

  • Adm. Matter No. P-96-1231 February 12, 1997 - ISAIAS P. DICDICAN v. RUSSO FERNAN, JR., ET AL.

  • G.R. No. 68166 February 12, 1997 - HEIRS OF EMILIANO NAVARRO v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. No. 104666 February 12, 1997 - PEOPLE OF THE PHIL. v. BIENVENIDO OMBROG

  • G.R. No. 115129 February 12, 1997 - IGNACIO BARZAGA v. COURT OF APPEALS, ET AL.

  • G.R. No. 116511 February 12, 1997 - PEOPLE OF THE PHIL. v. COLOMA TABAG, ET AL.

  • G.R. No. 118025 February 12, 1997 - PEOPLE OF THE PHIL. v. REBECCO SATOR

  • G.R. No. 120769 February 12, 1997 - STANLEY J. FORTICH v. COURT OF APPEALS, ET AL.

  • G.R. No. 125531 February 12, 1997 - JOVAN LAND v. COURT OF APPEALS, ET AL.

  • G.R. No. 126013 February 12, 1997 - HEINZRICH THEIS, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 107554 February 13, 1997 - CEBU INT’L. FINANCE CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 108763 February 13, 1997 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 112968 February 13, 1997 - PEOPLE OF THE PHIL. v. ARSENIO LETIGIO

  • G.R. No. 114144 February 13, 1997 - PEOPLE OF THE PHIL. v. FLORENTINO ABAD

  • G.R. Nos. 114711 & 115889 February 13, 1997 - GARMENTS and TEXTILE EXPORT BOARD v. COURT OF APPEALS, ET AL.

  • G.R. No. 122728 February 13, 1997 - CASIANO A. ANGCHANGCO v. OMBUDSMAN, ET AL.

  • Adm. Matter No. RTJ-96-217 February 17, 1997 - MANUEL F. CONCEPCION v. JESUS V. AGANA, ET AL.

  • Adm. Matter No. RTJ 97-1369 February 17, 1997 - OCTAVIO DEL CALLAR v. IGNACIO L. SALVADOR, ET AL.

  • G.R. Nos. 103501-03 & 103507 February 17, 1997 - LUIS A. TABUENA v. SANDIGANBAYAN, ET AL.

  • G.R. No. 119247 February 17, 1997 - CESAR SULIT v. COURT OF APPEALS, ET AL.

  • G.R. No. 119536 February 17, 1997 - GLORIA S. DELA CRUZ v. NLRC, ET AL.

  • G.R. No. 121017 February 17, 1997 - OLIVIA B. CAMANAG v. JESUS F. GUERRERO, ET AL.

  • G.R. No. 122165 February 17, 1997 - ALA MODE GARMENTS, INC. v. NLRC, ET AL.

  • G.R. No. 123823 February 17, 1997 - MODESTO G. ESPAÑO v. COURT OF APPEALS, ET AL.

  • G.R. No. 96249 February 19, 1997 - PEOPLE OF THE PHIL. v. ALIPIO QUIAMCO, ET AL.

  • G.R. No. 114396 February 19, 1997 - PEOPLE OF THE PHIL. v. WILLIAM ROBERT BURTON

  • G.R. No. 118140 February 19, 1997 - PEOPLE OF THE PHIL. v. DANTE PIANDIONG, ET AL.

  • G.R. No. 121084 February 19, 1997 - TOYOTA MOTOR PHILS. CORP. v. TOYOTA MOTOR PHILS. CORP. LABOR UNION, ET AL.

  • G.R. No. 107916 February 20, 1997 - PERCIVAL MODAY, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 112288 February 20, 1997 - DELSAN TRANSPORT LINES, INC. v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. P-94-1034 February 21, 1997 - LEWELYN S. ESTRELLER v. SOFRONIO MANATAD, JR.

  • G.R. No. 73399 February 21, 1997 - PEOPLE OF THE PHIL. v. RAMON ABEDES

  • G.R. No. 117394 February 21, 1997 - HINATUAN MINING CORP. v. NLRC, ET AL.

  • A.M. No. SDC-97-2-P February 24, 1997 - SOPHIA ALAWI v. ASHARY M. ALAUYA

  • G.R. No. 110427 February 24, 1997 - CARMEN CAÑIZA v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. RTJ-94-1195 February 26, 1997 - ROMEO NAZARENO, ET AL. v. ENRIQUE M. ALMARIO

  • G.R. No. 94237 February 26, 1997 - BUILDING CARE CORP. v. NLRC, ET AL.

  • G.R. No. 105294 February 26, 1997 - PACITA DAVID-CHAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 107671 February 26, 1997 - REMMAN ENTERPRISES v. COURT OF APPEALS, ET AL.

  • G.R. No. 109849 February 26, 1997 - MAXIMINO FUENTES v. COURT OF APPEALS, ET AL.

  • G.R. No. 110098 February 26, 1997 - PEOPLE OF THE PHIL. v. BUENAFE AZUGUE

  • G.R. No. 111538 February 26, 1997 - PARAÑAQUE KINGS ENTERPRISES, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 116033 February 26, 1997 - ALFREDO L. AZARCON v. SANDIGANBAYAN, ET AL.

  • G.R. No. 123404 February 26, 1997 - AURELIO SUMALPONG v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. RTJ-97-1368 February 27, 1997 - ERNESTO RIEGO, ET AL. v. EMILIO LEACHON, JR.

  •  





     
     

    G.R. No. 110391   February 7, 1997 - PEOPLE OF THE PHIL. v. DOLORES DE LEON

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. No. 110391. February 7, 1997.]

    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. DOLORES DE LEON Y MISAJON, Accused-Appellant.

    The Solicitor General for Plaintiff-Appellee.

    Public Attorney’s Office for Accused-Appellant.


    SYLLABUS


    1. LABOR LAW; ILLEGAL RECRUITMENT; TO PROVE ILLEGAL RECRUITMENT, ONLY TWO ELEMENTS NEED BE SHOWN. — To prove 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. A license is a document issued by the Department of Labor and Employment (DOLE) authorizing a person or entity to operate a private employment agency, while an authority is a document issued by the DOLE authorizing a person or association to engage in recruitment and placement activities as a private recruitment agency.

    2. ID.; ID.; IN CASE AT BAR, APPELLANT HAS CLEARLY COMMITTED LARGE SCALE ILLEGAL RECRUITMENT; REASON. — In the instant case, appellant clearly committed large scale illegal recruitment as she recruited at least three persons, giving them the impression that she had the capability of sending them abroad for assured jobs in Saudi Arabia, and collecting various amounts allegedly for processing and placement fees without license or authority to do so. Against the prosecution’s overwhelming evidence, appellant could only offer a bare denial and an obviously concocted story that it was her suitor who actually recruited the various complainants and not she. This suitor was never presented to corroborate her statements, nor were other evidence presented to cast even an iota of doubt on the testimony of the prosecution’s witnesses. After a thorough and painstaking review, the Court is satisfied that there is nothing in the records to signify that the trial court ignored or misappreciated substantial facts as would warrant a reversal of its findings and conclusions.


    D E C I S I O N


    ROMERO, J.:


    Appellant Dolores de Leon was charged with violation of Article 38 (a) of Presidential Decree 1412 in relation to Article 15 (b) and (c) of the Labor Code in an information which reads:jgc:chanrobles.com.ph

    "That in or about and during the period comprised between July 6, 1992 and September 30, 1992, inclusive, in the City of Manila, Philippines, the said accused, representing herself to have the capacity to contract, enlist and transport Filipino workers for employment in Jeddah/Saudi Arabia, did then and there wilfully and unlawfully for a fee, recruit and promise employment/job placement in said country to Roberto Porio y Silva, Ambrosio Miler y dela Cruz, Rafael Laurente y Enriquez, Olimpia Guillena y Daliopac, Cipriano Perez y Bongoy, Charlene Tatlonghari y Sota, Elvira Banta y Puno, Purita Joaquin y Flores, Loreta Tatlonghari y Toboro, Joseph Chavez y Cater, Analiza Tatlonghari y Toboro, Jaime Indaya y Lambozon, Manuel Cabusao y Parungao, Edgardo Alagao y dela Cruz, Raymunda Miguelles y Balaba, Desiree dela Cruz y Laconsay, Felicidad Galvez y Ducusin, Exequiel Miguelles y Cirunay, Rosenda Jose y Perez, Guillermo Lampa y Tansueco, Edmar Alagao y dela Cruz, Rommel Lozano y Cortez, Rodante Sunico y Galvez and Romeo Porio y Silva, without first having secured the required license or authority from the Department of Labor and Employment."cralaw virtua1aw library

    The prosecution’s evidence shows that:chanrob1es virtual 1aw library

    Appellant is a former overseas contract worker placed by All Seasons Manpower for employment as a midwife in Kuwait from 1989 to September 1991 and as a nursing aide in Jeddah from February 1992 to June 1992.

    On August 14, 1992, appellant went to the house of Mr. Tatlonghari and offered him and his daughter-in-law, Charlene Tatlonghari, placement in Jeddah, Saudi Arabia. Although Charlene already had a pending application in another agency, she still submitted her bio-data to Appellant.

    On August 15, 1992, appellant told Charlene that she would be hired as a clerk with a monthly salary of US$450.00. On August 16, 1992, Charlene withdrew her passport from the other agency and gave it to appellant together with P1,000.00, which was P400.00 short of the amount required by appellant allegedly for travel tax. No receipt was issued but appellant promised Charlene’s departure on August 28, 1992. 1

    The scheduled departure was postponed as were the succeeding schedules, prompting Charlene and the other applicants to go to All Seasons Manpower in Makati. They saw appellant there and she advised them to attend a seminar at the Philippine Overseas Employment Agency (POEA). However, they were warned not to talk with anyone in the said government agency. Subsequently, she learned that appellant was arrested in one of the lodging houses in Sta. Cruz, Manila where all the applications and other documents were found beneath the bed. When she saw appellant at the police station, appellant told Charlene not to join the other accusers who caused her arrest. 2

    Rodante Sunico, a food server at Jollibee along Rizal Avenue, Manila met appellant on August 15, 1992. Appellant was introduced as a recruiter who had already sent five workers to the Middle East. Sunico gave appellant his bio-data and other documents after she promised him that he would be included as a nurse in the second batch of workers for Saudi Arabia.

    On August 21, 1992, Sunico went to the house of Mr. Tatlonghari where he gave appellant the amount of P5,400.00 allegedly for processing his passport and payment of travel tax. 3 Sunico was not issued a receipt but appellant required him to come back on the eve of his scheduled departure on August 28, 1992. This "departure" was, however, postponed several times. Later, Sunico learned from Charlene Tatlonghari that appellant was arrested and detained by the police. Sunico confronted appellant who promised to settle the obligation but failed; 4 whereupon he went to All Seasons Manpower in Makati where he was told that the said agency did not know Appellant.

    Guillermo Lampa, a tricycle driver, was recruited by appellant on August 4, 1992. He was offered a janitorial job in Jeddah, Saudi Arabia with a monthly salary of US$300.00. Lampa and his wife gave appellant P1,000.00 for medical expenses and another P1,000.00 for a joint account with his wife. No receipt was issued by appellant but she promised him that he would leave in two weeks’ time and that All Seasons Manpower would pay for his plane ticket. 5 Lampa never left as promised and on September 27, 1992, he learned that appellant had been arrested. At police headquarters, appellant promised to refund Lampa’s money but failed to do so. Manuel Cabusao, a carpenter, met appellant through one Desiree de la Cruz. Also present then were his brother Leonardo Cabusao, Guillermo Lampa, Rommel Losano, Joseph Chavez and Analiza Tatlonghari. Appellant offered him a janitorial job in a hospital in Saudi Arabia with a monthly salary of US$300.00. He gave appellant P2,700.00 for the processing of the travel documents. No receipt was issued by appellant allegedly because the amount involved was small and because the amount he should have paid was P5,000.00. Appellant scheduled his departure on September 11, 1992 but postponed the same. He then started looking for appellant until he learned that she was staying in a hotel in Bambang, Jose Abad Santos, Tondo, Manila. He relayed the information to his co-applicants who sought the help of the Barangay Chairman in arresting appellant. 6 During the preliminary investigation, appellant promised to refund the amount he paid, but failed to do so.

    Joseph Chavez, a bakery caretaker in Bambang Market, met appellant on September 6, 1992 through the wife of his co-applicant Guillermo Lampa. Appellant represented herself as a recruiter of All Seasons Manpower in Makati and offered him a janitorial job in Bahrain because two applicants were rejected. He gave appellant P6,500.00 supposedly for medical, processing and placement fees. Appellant did not issue a receipt because she was in a hurry. His departure was scheduled on September 22, 1992 and when nothing happened, he waited for appellant. Later, he learned that she had been arrested by barangay officials. Like the other applicants, he executed a sworn statement. 7

    Roberto Porio, an electrician, went to the house of appellant on July 9, 1992 in the belief that appellant, as alleged owner of All Seasons Manpower in Makati, was recruiting workers for abroad. He applied as nursing aide and gave appellant his NBI clearance, passport, pictures and P2,300.00. 8 Since he trusted appellant, he did not ask her for a receipt. Thereafter, appellant disappeared.

    On September 27, 1992, he saw appellant at police headquarters where she promised to refund his money. He executed an affidavit stating the circumstances of the illegal recruitment.

    The prosecution also presented POEA records, duly identified by Visitacion Carreon, POEA Senior Officer, showing that All Seasons Manpower International Services is a licensed placement agency. 9 However, appellant’s name was not among the list of personnel submitted by said agency to the POEA.

    On April 28, 1993, the trial court rendered a decision, the dispositive portion of which states:jgc:chanrobles.com.ph

    "WHEREFORE, judgment is hereby rendered finding the accused Dolores de Leon guilty of the crime of Illegal Recruitment in large scale and hereby sentences her to suffer the penalty of life imprisonment and to pay a fine of P100,000.00, and further, for the said accused to indemnify the complainants as follows —

    1. To Rodante Sunico the sum of P5,400.00 with interest at the legal rate from October 22, 1992 until the same is fully paid;

    2. To Charlene Tatlonghari the sum of P1,000.00 with interest at the legal rate from October 22, 1992 until the same is fully paid;

    3. To Guillermo Lampa the sum of P2,000.00 with interest at the legal rate from October 22, 1992 until the same is fully paid;

    4. To Manuel Cabusao the sum of P2,700.00 with interest at the legal rate from October 22, 1992 until the same is fully paid;

    5. To Joseph Chavez the sum of P6,500.00 with interest at the legal rate from October 22, 1992 until the same is fully paid; and

    6. To Roberto Porio the sum of P2,300.00 with interest at the legal rate from October 22, 1992 until the same is fully paid.

    Costs against the accused.

    SO ORDERED." 10

    Appellant now questions the said decision of the trial court saying that it erred in not acquitting her of the offense charged on the ground that her guilt was not proved beyond reasonable doubt. Appellant asserts that it was not she but her suitor, Rolando Clemente, who received the payments from the complaining witnesses. She explained further that all she did was to accompany them to All Seasons Manpower in an effort to help them find jobs abroad.

    We find appellant’s contentions unworthy of belief.

    In People v. Benemerito, 11 we said "Illegal recruitment is defined in Article 38 of the Labor Code, as amended, as follows:chanrob1es virtual 1aw library

    ART. 38. Illegal Recruitment. — (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.chanroblesvirtuallawlibrary

    (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.

    Article 13(b) of the same Code defines "recruitment and placement" as: "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."cralaw virtua1aw library

    To prove 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.

    A license is a document issued by the Department of Labor and Employment (DOLE) authorizing a person or entity to operate a private employment agency, while an authority is a document issued by the DOLE authorizing a person or association to engage in recruitment and placement activities as a private recruitment agency. 12

    Large scale illegal recruitment is punishable by life imprisonment and a fine of P100,000.00 under Article 39(a) of the Labor Code. 13

    In the instant case, appellant clearly committed large scale illegal recruitment as she recruited at least three persons, giving them the impression that she had the capability of sending them abroad for assured jobs in Saudi Arabia, and collecting various amounts allegedly for processing and placement fees without license or authority to do so.

    Against the prosecution’s overwhelming evidence, appellant could only offer a bare denial and an obviously concocted story that it was her suitor who actually recruited the various complainants and not she. This suitor was never presented to corroborate her statements, nor were other evidence presented to cast even an iota of doubt on the testimony of the prosecution’s witnesses.

    After a thorough and painstaking review, the Court is satisfied that there is nothing in the records to signify that the trial court ignored or misappreciated substantial facts as would warrant a reversal of its findings and conclusions. 14

    As we declared in People v. Naparan, Jr.: 15

    "Nitong mga nakaraang buwan, ang pansin ng sambayanan ay natuon sa mga krimen na karumaldumal na katulad ng pagpatay at pagsasamantala sa ating mga kababaihan. Wari ay nakaligtaan natin ang mga salarin na di nahuhuli sa mga mamamatay tao. Sila rin ay nagsasamantala sa mga inosente at walang malay. Ang kaibhan nga lamang ay ang kanilang biktima ay yaong ating mga kababayan na nangangarap na mangibang bayan upang sila ay mahango sa karalitaan sampu ng kanilang pamilya.

    Sa masidhi nilang hangarin, halos hindi nagdadalawang-isip kapag may balanang nangangako na ipadadala sila sa mga bayang nakaririwasa kung sila ay magbabayad ng sapat na salapi. Upang mapaniwala sila, ang mga may masasamang tangka ay nagpapanggap na sila ay malakas at may koneksyon sa mga Embahada ng mga bayang ito. Hindi lamang madudulas ang kanilang dila. Umaasta silang maykaya. Naroong sabihin na nakatira sila sa otel o pook ng mayayaman. Kapag nakikipagkita sa kanilang kliyente ay magara ang suot at nakakotse. Anupat ang mga pobreng nangangarap ay gagawin ang lahat ng makakaya upang makapagbayad ng hinihinging pamasahe sa eroplano.

    Kadalasan ay nangungutang sila o ang mga magulang nila sa ‘sinco-seis;’ o dili kaya’y nagsasangla ng lupain o nagbibili ng mga ari-ariang gaya ng kalabaw. Kanila namang nahihimok ang kamag-anakan nila na tumulong sapagkat nangangakong magpapadala ng higit na maraming kuwarta na pambayad sa kanilang utang o dili kaya ay pampaaral sa mga nakababatang kapatid.

    Sa oras na nakapagbitiw ng salapi ang biktima, ang manlilinlang ay dagling nawawala na parang bula. Sapagkat karamihan sa kanila ay ‘illegal recruiter’ at walang lisensya sa Philippine Overseas Employment Administration (POEA), hindi na matutunton ang kanilang bakas.

    Totoong napakarami na ang ating kaawa-awang kababayan na napagsamantalahan na ng gayon. Nakalulungkot na kahit na magbabala ang pamahalaan at ang mga opisinang kinauukulan, hindi rin dinidinggin ng mga nais na mapabuti ang kalagayan nila sa buhay sa pamamagitan ng pangingibang bayan.

    Napapanahon nang iparating sa mga salarin na iyan na hindi pahihintulutan ng pamahalaan ang gayong malawakang pangloloko sa mga maralita na masasabing ang kasalanan lamang ay ‘naghangad ng kagitna, isang salop ang nawala.’ Kami ay maaasahang magpataw ng akma at nauukol na parusa na bilanggo habang buhay at multa sa halagang Isang Daang Libong Piso (P100,000.00) sa katulad ng nasasakdal sa kasong itong nakasalang sa Kataastaasang Hukuman ngayon. Umaasa kaming ito ay magsisilbing halimbawa sa mga walang awa nating kababayan na patuloy ang gawang panlilinlang sa kanilang kapwa Pilipino."cralaw virtua1aw library

    WHEREFORE, the judgment of the trial court finding Dolores de Leon GUILTY beyond reasonable doubt of the crime of illegal recruitment in large scale is hereby AFFIRMED.

    SO ORDERED.

    Regalado, Puno, Mendoza, and Torres, Jr., JJ., concur.

    Endnotes:



    1. TSN, December 7, 1992, pp. 17-20.

    2. TSN, ibid., pp. 21-22 and 24.

    3. TSN, December 7, 1993, pp. 4-5.

    4. TSN, ibid., pp. 7-8.

    5. TSN, December 14, 1993, pp. 3-6.

    6. TSN, ibid., pp. 12-15.

    7. TSN, December 14, 1992, pp. 21-24, 27.

    8. TSN, January 25, 1993, pp. 3-5.

    9. TSN, December 9, 1992, p. 2.

    10. Rollo, p. 23.

    11. G.R. No. 120389, November 21, 1996.

    12. Art. 13(d) and (f), Labor Code, as amended.

    13. People v. de Leon, 225 SCRA 651, 662 (1993).

    14. People v. Pabalan, G.R. Nos. 115390, 117119-21, September 30, 1996.

    15. 225 SCRA 714 (1993).

    G.R. No. 110391   February 7, 1997 - PEOPLE OF THE PHIL. v. DOLORES DE LEON


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