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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
 

   
December-2008 Jurisprudence                 

  • A.C. No. 6713 - ZENAIDA B. GONZALES v. ATTY. NARCISO PADIERNOS

  • A.C. No. 6882 - MARISA B. WILLIAMS, ET AL. v. ATTY. RODRIGO ICAO

  • A.M. No. 05-12-372-MTCC - RE: JUDGE HECTOR B. BARILLO, ETC. v. CLERK OF COURT CARMEL A. CUIZON, ET AL.

  • A.M. No. 05-2002 Formerly OCA I.P.I. No. 01-1245-P - SANTIAGO B. BURGOS v. VICKY A. BAES, ETC.

  • A.M. No. 06-3-196-RTC and A.M. No. 06-7-416-RTC - LETTER OF JUDGE JOSEFINA D. FARRALES, ACTING PRESIDING JUDGE, RTC, BR. 72, OLONGAPO CITY RE: 30 CASES AND 84 MOTIONS SUBMITTED FOR DECISION

  • A.M. OCA No. CA-02-16-P Formerly OCA IPI No. 00-27-CA-P - ANNA LIZA REYES-TAYAG v. ABELARDO TAYAG, ET AL.

  • A.M. No. CA-08-23-P Formerly A.M. OCA IPI No. 05-79-CA-P - JANETTE P. GABATIN v. MARILOU M. QUIRINO

  • A.M. No. MTJ-92-687 - ENGR. EDGARDO C. GARCIA v. JUDGE MELJOHN DE LA PE√ĎA

  • A.M. No. P-04-1793 - RAUL ZAMUDIO v. EFREN AURO

  • A.M. No. P-04-180 Formerly OCA-I.P.I. No. 03-1714-P and A.M. NO. P-02-1653 Formerly A.M. No. 02-9-237-MCTC - TERESITA RETAZO v. LORNA A. VERDON, ETC.

  • A.M. No. P-06-2152 Formerly OCA IPI No. 04-1944-P - EMILY G. CRUZ v. PABLO F. FERNANDO

  • A.M. No. P-06-2207 - MA. LOURDES V. AREOLA, ET AL. v. OSCAR P. PATAG

  • A.M. No. P-06-2237 - PAG-ASA G. BELTRAN v. ROMEO MONTEROSO

  • A.M. No. P-08-2587 Formerly OCA IPI No. 99-678-P - DOMINGA C. MENOR v. TEODORA P. GUILLERMO, ETC.

  • A.M. No. RTJ-03-1762 Formerly OCA I.P.I. No. 02-1422-RTJ - SERGIO & GRACELDA N. ANDRES v. JUDGE JOSE S. MAJADUCON, ET AL.

  • A.M. No. RTJ-05-1952 - OFFICE OF THE COURT ADMINISTRATOR v. JUDGE NORMA C. PERELLO, ET AL.

  • A.M. No. RTJ-07-2092 Formerly OCA I.P.I. No. 07-2685-RTJ - EVA LUCIA Z. GEROY v. HON. DAN R. CALDERON

  • A.M. No. RTJ-05-1911 Formerly A.M. OCA I.P.I. No. 02-9-540-RTC and A.M. NO. RTJ-05-1913 Formerly A.M. OCA I.P.I. No. 02-1548-RTJ - OFFICE OF THE COURT ADMINISTRATOR v. JUDGE RODRIGO B. LORENZO, ETC.

  • G.R. No. 124795 - FORFOM DEVELOPMENT CORPORATION v. PHILIPPINE NATIONAL RAILWAYS

  • G.R. No. 136197 - NATIVIDAD BAUTISTA-BORJA v. ILUMINADA BAUTISTA, ET AL.

  • G.R. No. 141309 - LIWAYWAY VINZONS-CHATO v. FORTUNE TOBACCO CORPORATION

  • G.R. No. 143365 - GENEROSO SALIGUMBA, ET AL. v. MONICA PALANOG

  • G.R. No. 144492 - LUWALHATI R. ANTONINO v. HON. OMBUDSMAN ANIANO A. DESIERTO, ET AL.

  • G.R. No. 145941 - THE MANILA BANKING CORPORATION v. SPS. ALFREDO AND CELESTINA RABINA, ET AL.

  • G.R. No. 152150 - SPS. REYNALDO O. PADUA, ETC., ET AL. v. HON. COURT OF APPEALS, ET AL.

  • G.R. No. 154108 and G.R. NO. 157505 - FIRST UNITED CONSTRUCTION CORPORATION v. MENANDRO G. VALDEZ, ET AL.

  • G.R. No. 155454 - EDUARDO COLMENARES, ET AL. v. HEIRS OF ROSARIO VDA DE GONZALES, ET AL.

  • G.R. No. 156040 - DIGITAL TELECOMMUNICATIONS PHILIPPINES, INC. v. CITY GOVT OF BATANGAS ETC. ET AL.

  • G.R. No. 156382 - MCDONALD'S KATIPUNAN BRANCH, ETC. v. MA. DULCE ALBA

  • G.R. No. 157784 - RICHARD B. LOPEZ, ETC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 158621 - ROYAL CARGO CORPORATION v. DFS SPORTS UNLIMITED, INC.

  • G.R. No. 159132 - FE CAYAO-LASAM v. SPOUSES CLARO & EDITHA RAMOLETE

  • G.R. No. 159589 - REPUBLIC OF THE PHILIPPINES v. HEIRS OF JUAN FABIO ETC., ET AL.

  • G.R. No. 160031 - SOCIAL JUSTICE SOCIETY v. HON. JOSE D. LINA ETC. ET AL.

  • G.R. No. 161844 - RAFAEL M. CONCEPCION v. COURT OF APPEALS, ET AL.

  • G.R. No. 162311 - LEVI STRAUSS (PHILS.), INC. v. TONY LIM

  • G.R. No. 162333 - BIENVENIDO C. TEOCO, ET AL. v. METROPOLITAN BANK AND TRUST COMPANY

  • G.R. NOS. 162335 & 162605 - SEVERINO M. MANOTOK IV, ET AL. v. HEIRS OF HOMER L. BARQUE, ETC.

  • G.R. No. 162335 / G.R. No. 162605 - G.R. No. 162335 and G.R. No. 162605 - YNARES-SANTIAGO - DISSENTING OPINION

  • G.R. No. 162335 / G.R. No. 162605 - G.R. No. 162335 and G.R. No. 162605 - CARPIO - SEPARATE CONCURRING OPINION

  • G.R. No. 162335 / G.R. No. 162605 - G.R. No. 162335 and G.R. No. 162605 - CORONA - SEPARATE OPINION

  • G.R. No. 162729 - SOLEDAD LEONOR PENA SUATENGCO, ET AL. v. CARMENCITA O. REYES

  • G.R. No. 163156 and G.R. NO. 166845 - NEGROS NAVIGATION CO., INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 163898 - ROBERTO BARBASA v. HON. ARTEMIO G. TUQUERO, ET AL.

  • G.R. No. 164026 - SECURITIES AND EXCHANGE COMMISSION v. GMA NETWORK, INC.

  • G.R. No. 164344 - KENJI OKADA v. SECURITY PACIFIC ASSURANCE CORPORATION

  • G.R. No. 164521 - ALLANDALE SPORTSLINE, INC., ET AL. v. THE GOOD DEVELOPMENT CORPORATION

  • G.R. No. 164820 - VICTORY LINER, INC. v. PABLO RACE

  • G.R. No. 167011 - SPS. CARLOS S. ROMUALDEZ, ETC. v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 167181 - SPS. CARLOS MUNSALUD AND WINNIE MUNSALUD v. NATIONAL HOUSING AUTHORITY

  • G.R. No. 167449 - BRISTOL MYERS SQUIBB (PHIL.), INC. v. RICHARD NIXON A BABAN

  • G.R. No. 168173 - PEOPLE OF THE PHILIPPINES v. F01 FELIPE DELA CRUZ Y REYES, ET AL.

  • G.R. No. 168537 - DAMIAN AKLAN, ET AL. v. SAN MIGUEL CORP, ET AL.

  • G.R. No. 168695 - PEOPLE OF THE PHILIPPINES v. MARIBEL LAGMAN, ET AL.

  • G.R. No. 168906 - PERLA S. ESGUERRA v. JUDGE FATIMA GONZALES-ASDALA, ET AL.

  • G.R. No. 169013 - DEPARTMENT OF EDUCATION, ETC. v. GODOFREDO G. CUANAN

  • G.R. No. 169095 - HEUNGHWA INDUSTRY CO., LTD. v. DJ BUILDERS CORPORATION

  • G.R. No. 169498 - OSCAR DE LOS SANTOS, ET AL. v. COURT OF APPEALS

  • G.R. No. 170116 - ATTY. CAROLINA R. RAMOS v. COURT OF APPEALS, ET AL.

  • G.R. No. 170282 - ALEXANDER AND JEAN J. BACUNGAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 170338 and G.R. NO. 179275 - VIRGILIO O. GARCILLANO v. THE HOUSE OF REPRESENTATIVES COMMITTEES ON PUBLIC INFORMATION, ET AL.

  • G.R. No. 171321 - MARY ANN DEHEZA-INAMARGA v. CELENIA C. ALANO, ET AL.

  • G.R. No. 171654 - THE PEOPLE OF THE PHILIPPINES v. EDWIN GAYETA Y ROBLO ALIAS "FREDDIE"

  • G.R. No. 171678 - ROSA J. SALES, ET AL. v. WILLIAM BARRO

  • G.R. No. 171812 - REMIA F. BONCALON v. OMBUDSMAN (VISAYAS), ET AL.

  • G.R. NOS. 171947-48 - METROPOLITAN MANILA DEVELOPMENT AUTHORITY, ET AL. v. RESIDENTS OF MANILA BAY, ET AL.

  • G.R. No. 172041 - GATEWAY ELECTRONICS CORPORATION, ET AL. v. ASIANBANK CORPORATION

  • G.R. No. 172192 - CHINA BANKING CORPORATION v. ASB HOLDINGS, INC., ET AL.

  • G.R. No. 172295 - LILIA P. LABADAN v. FOREST HILLS ACADEMY/NAOMI CABALUNA, ET AL.

  • G.R. No. 172457 - CJH DEVELOPMENT CORPORATION v. BUREAU OF INTERNAL REVENUE, ET AL.

  • G.R. No. 172776 - COMMISSION ON HIGHER EDUCATION v. ATTY. FELINA S. DASIG

  • G.R. No. 172848 - REPUBLIC OF THE PHILIPPINES v. JOSE VICTORINO K. CASTRO, ET AL.

  • G.R. No. 172849 - MR. TERESO TAN, ET AL. v. MANUEL "GUY" LINK, ET AL.

  • G.R. No. 172874 - PEOPLE OF THE PHILIPPINES v. MARIO CASTRO

  • G.R. No. 172973 - PEOPLE OF THE PHILIPPINES v. MARCELINO ABARE

  • G.R. No. 173052 - PEOPLE OF THE PHILIPPINES v. ROGELIO PELAGIO Y BERMUDO

  • G.R. No. 173473 - PEOPLE OF THE PHILIPPINES v. BETH TEMPORADA

  • G.R. No. 173473 - G.R. No. 173473 - AZCUNA - SEPARATE DISSENTING OPINION

  • G.R. No. 173473 - G.R. No. 173473 - VELASCO, JR. - DISSENTING OPINION

  • G.R. No. 173473 - G.R. No. 173473 - CORONA - SEPARATE OPINION

  • G.R. No. 173804 - ELPIDIO BONDAD, JR. Y BURAC v. PEOPLE OF THE PHILIPPINES

  • G.R. NOS. 173935-38 - ERLINDA K. ILUSORIO v. MA. ERLINDA I. BILDNER, ET AL.

  • G.R. No. 174103 - DEVELOPMENT BANK OF THE PHILIPPINES v. WEST NEGROS COLLEGE, INC.

  • G.R. No. 174109 - RURAL BANK OF THE SEVEN LAKES (S.P.C.), INC. v. BELEN A. DAN

  • G.R. No. 174136 - PHILIPPINE PORTS AUTHORITY, ET AL. v. NASIPIT INTEGRATED ARRASTRE AND STEVEDORING SERVICES, INC.

  • G.R. No. 174195 - PEOPLE OF THE PHILIPPINES v. CATALINO MINGMING Y DISCALSO

  • G.R. No. 174371 - PEOPLE OF THE PHILIPPINES v. WARREN DELA CRUZ Y FRANCISCO

  • G.R. No. 174988 - BANK OF THE PHILIPPINE ISLANDS v. SPS. HOMOBONO AND LUZDELDIA T. ARAMPI

  • G.R. No. 175339 - PREMIERE DEVELOPMENT BANK v. ALFREDO C. FLORES, ET AL.

  • G.R. No. 175527 - HON. GABRIEL LUIS QUISUMBING, ET AL. v. HON. GWENDOLYN F. GARCIA, ET AL.

  • G.R. No. 175554 - EDSEL LIGA v. ALLEGRO RESOURCES CORP.

  • G.R. No. 175929 - PEOPLE OF THE PHILIPPINES v. ROMMEL DELA CRUZ

  • G.R. No. 176141 - GERTRUDES NABUA, ET AL. v. DOUGLAS LU YM

  • G.R. No. 176219 - RENTOKIL (INITIAL) PHILIPPINES, INC. AND/OR RONAN GREANY, ET AL. v. LEILANI D. SANCHEZ

  • G.R. No. 176263 - PEOPLE OF THE PHILIPPINES v. MICHAEL MURO

  • G.R. No. 176609 - FERNANDO ESTABAS MAHAWAN ALIAS PADO v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 176970 - ROGELIO Z. BAGABUYO v. COMMISSION ON ELECTIONS

  • G.R. No. 176981 - EDGAR GERASTA Y LAPUS v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 177188 - EL GRECO SHIP MANNING AND MANAGEMENT CORPORATION v. COMMISSIONER OF CUSTOMS

  • G.R. No. 177656 - LINDA UY LIM v. HELEN O. TONG, ET AL.

  • G.R. No. 177742 - PEOPLE OF THE PHILIPPINES v. JOSELITO A. LOPIT

  • G.R. No. 177797 - SPOUSES PEDRO TAN AND NENA ACERO TAN v. REPUBLIC OF THE PHILIPPINES

  • G.R. No. 177931 - PHILIPPINE NATIONAL BANK v. DEANG MARKETING CORP, ET AL.

  • G.R. No. 177944 - JUDITH P. ORTEGA v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 178198 - PEOPLE OF THE PHILIPPINES v. EVELYN BOHOL y TALAOGAN, ETC.

  • G.R. No. 178233 and G.R. NO. 180510 - JOSEPH A. GANDOL v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 178306 - FRANCISCO R. NUNGA, JR., ET AL. v. FRANCISCO N. NUNGA, III

  • G.R. No. 178511 - MA. BELEN FLORDELIZA C. ANG-ABAYA, ET AL. v. EDUARDO G. ANG

  • G.R. No. 179127 - IN-N-OUT BURGER, INC. v. SEHWANI, INC. AND/OR BENITA'S FRITES, INC.

  • G.R. No. 179174 - REYNALDO MADRIGALEJOS v. GEMINILOU TRUCKING SERVICE, ET AL.

  • G.R. No. 179695 and G.R. No. 182369 - MIKE A. FERMIN v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 179813 - DATU PAX PAKUNG S. MANGUDADATU v. THE HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL, ET AL.

  • G.R. No. 179878 - NEGROS ORIENTAL PLANTERS ASSOCIATION, INC. (NOPA) v. HON. PRESIDING JUDGE OF RTC-NEGROS OCCIDENTAL, BRANCH 52, BACOLOD CITY, ET AL.

  • G.R. No. 179895 - FERDINAND S. TOPACIO v. ASSOCIATE JUSTICE OF THE SANDIGANBAYAN GREGORY SANTOS ONG, ET AL.

  • G.R. No. 179898 - MAUNLAD HOMES, INC., ET AL. v. UNION BANK OF THE PHILIPPINES, ET AL.

  • G.R. No. 179922 - JUAN DE DIOS CARLOS v. FELICIDAD SANDOVAL, ET AL.

  • G.R. No. 180051 - NARDO M. VELASCO v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 180146 - P02 RUEL C. MONTOYA v. POLICE DIRECTOR REYNALDO P. VARILLA, ET AL.

  • G.R. No. 180501 - PEOPLE OF THE PHILIPPINES v. ROGER MENDOZA Y DELA CRUZ

  • G.R. No. 180730 - CARLOS GONZALES v. HON. JUDGE MERCEDES POSADA LACAP, ET AL.

  • G.R. No. 180926 - PEOPLE OF THE PHILIPPINES v. LOURDES V ALENCIANO Y DACUBA

  • G.R. No. 180986 - NORBERTO ALTRES, ET AL. v. CAMILO G. EMPLEO, ET AL.

  • G.R. No. 181492 - THE PEOPLE OF THE PHILIPPINES v. SAMUEL OBMIRANIS y ORETA

  • G.R. No. 181644 - HERMILINA N. ABAINZA v. ERNESTO ARELLANO, ET AL.

  • G.R. No. 181818 - EDGAR PERPETUO FERMIN E. HIPOL v. NATIONAL LABOR RELATIONS COMMISSION-FIFTH DIVISION, ET AL.

  • G.R. No. 182248 - EQUITABLE PCI BANKING CORPORATION, ET AL. v. RCBC CAPITAL CORPORATION

  • G.R. No. 182865 - ROMULO F. PECSON v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 182924 - PEOPLE OF THE PHILIPPINES v. JOSE PEREZ Y DALEGDEG

  • G.R. No. 183087 - PEOPLE OF THE PHILIPPINES v. IGNACIO ISANG Y LAGAY

  • G.R. No. 183456 - PEOPLE OF THE PHILIPPINES v. REGINO TORMIS

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    G.R. No. 180926 - PEOPLE OF THE PHILIPPINES v. LOURDES V ALENCIANO Y DACUBA

      G.R. No. 180926 - PEOPLE OF THE PHILIPPINES v. LOURDES V ALENCIANO Y DACUBA

    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. NO. 180926 : December 10, 2008]

    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. LOURDES VALENCIANO y DACUBA, Accused-Appellant.

    D E C I S I O N

    VELASCO, JR., J.:

    This is an appeal from the Decision1 dated July 24, 2007 of the Court of Appeals (CA) in CA-G.R. CR-H.C. No. 01390 which upheld the Decision2 of the Regional Trial Court (RTC), Branch 116 in Pasay City in Criminal Case No. 97-9851. The RTC convicted Lourdes Valenciano of the crime of Illegal Recruitment in Large Scale.

    The Facts

    In May 1996, Lourdes Valenciano, claiming to be an employee of Middle East International Manpower Resources, Inc., went with one Susie Caraeg to the house of Agapito De Luna, and told him he could apply for a job in Taiwan. A week later, De Luna went to Valenciano's house, there to be told to undergo a medical examination, with the assurance that if there were a job order abroad, he would be able to leave. He was also told that the placement fee for his employment as a factory worker in Taiwan was PhP 70,000.

    After passing the medical examination, De Luna paid Valenciano at the latter's residence the following amounts: PhP 20,000 on June 21, 1996; PhP 20,000 on July 12, 1996; and PhP 30,000 on August 21, 1996. The first and last payments were turned over by Valenciano to Teresita Imperial, who issued the corresponding receipts, and the second payment was turned over by Valenciano to Rodante Imperial, who also issued a receipt.

    Also in May 1996, Valenciano visited the house of Allan De Villa, accompanied by Euziel N. Dela Cuesta, Eusebio T. Candelaria, and De Luna, to recruit De Villa as a factory worker in Taiwan. De Villa was also asked for PhP 70,000 as placement fee. He paid Valenciano the following amounts: PhP 20,000 on May 16, 1996 at Valenciano's residence; PhP 20,000 on May 30, 1996 at the Rural Bank of Calaca, Batangas; PhP 20,000 on July 8, 1996 at Valenciano's residence; and PhP 10,000 on August 14, 1996, also at her residence. Valenciano turned over the amounts to either Teresita or Rodante. Teresita issued receipts for the May 16, July 8, and August 14, 1996 payments, while Rodante issued a receipt for the payment made on May 30, 1996.

    On May 20, 1996, Valenciano, accompanied by Rodante and Puring Caraeg, went to the house of Dela Cuesta to recruit her for employment as a factory worker in Taiwan. Dela Cuesta paid Valenciano PhP 20,000 as initial payment on May 20, 1996. On May 30, 1996, she paid Valenciano another PhP 20,000. On August 12, 1996, she paid PhP 15,000, and on August 21, 1996, she paid PhP 7,000. Valenciano turned the May 20 and 30, 1996 payments over to Rodante, who issued receipts for these payments. The payments made on August 12 and 21, 1996 were turned over to Teresita, who also issued receipts for them. These payments were to cover the placement fee and other expenses for the processing of the requirements for the employment of Dela Cuesta in Taiwan.

    On May 1, 1996, Valenciano, with Rodante, Teresita, and Rommel Imperial, went to Lian, Batangas to recruit workers for employment abroad. Candelaria applied for a job as a factory worker in Taiwan when Valenciano went to his residence in Lian. Valenciano asked him for an initial payment of PhP 20,000. On May 30, 1996, Candelaria paid Valenciano PhP 20,000 when she returned to Lian. He then paid PhP 20,000 on June 24, 1996 and PhP 29,000 on July 17, 1996 at Valenciano's residence in Manila. These payments were to cover the placement fee and the expenses for the processing of his passport and other papers connected with his application for employment as a factory worker in Taiwan. The payments made on May 30 and July 17, 1996 were turned over to Rodante, who issued a receipt for the said payments. The payment made on June 24, 1996 was turned over by Valenciano to Teresita.

    After the payments were made, Valenciano brought the prospective workers to the office of Middle East International Manpower Resources, Inc. in Pasay City, where they were made to fill out application forms for their employment as factory workers in Taiwan. The complainants were introduced to Romeo Marquez, alias "Rodante Imperial," Teresita Marquez, alias "Teresita Imperial," and Rommel Marquez, alias "Rommel Imperial," whom Valenciano made to appear as the owners of the employment agency. She assured the prospective workers that they could leave for Taiwan within one month from the filing of their applications. During the period material, they have not yet found employment as factory workers in Taiwan.

    Valenciano, Rodante, Teresita, and Rommel were charged with the offense of illegal recruitment in large scale, as defined under Article 13(b) of Presidential Decree No. (PD) 442, otherwise known as the Labor Code of the Philippines, as amended, in relation to Art. 38(a), and penalized under Art. 39(c) of the Code, as amended by PD 1920 and PD 2018. The Information reads as follows:

    That sometime in May, 1996 to August, 1996, or thereabout, in the City of Pasay, Metro Manila, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, representing to have the capacity, authority or license to contract, enlist and deploy or transport workers for overseas employment, conspiring, confederating, and mutually helping each other, did then and there, wilfully, unlawfully and criminally recruit and promise to deploy the herein complainants, namely, Agapito R. De Luna, Allan Ilagan De Villa, Euziel N. Dela Cuesta and Eusebio T. Candelaria, as factory workers in Taiwan, in exchange for placement, processing and other fees ranging from P62,000.00 to P70,000.00 or a total of P271,000.00, without first obtaining the required license and/or authority from the Philippine Overseas Employment Administration (POEA).

    CONTRARY TO LAW.3

    Accused-appellant Valenciano pleaded not guilty and waived the pre-trial. The other three accused remained at large.

    The RTC found accused-appellant guilty, the dispositive portion of the decision reading as follows:

    WHEREFORE, accused Lourdes Valenciano y Dacuba is found guilty beyond reasonable doubt of the offense of illegal recruitment in large scale as charged in the aforequoted Information; and she is sentenced to suffer the penalty of life imprisonment and to pay a fine of P100,000.00.

    She is also ordered to indemnify complainants Agapito R. de Luna, Allan Ilagan de Villa, Euziel N. dela Cuesta and Eusebio T. Candelaria the amounts of P70,000.00, P70,000.00, P62,000.00 and P69,000.00, respectively, as reparation of the damage caused.

    No other civil liability may be adjudged against the accused for lack of any factual or legal basis therefor.

    SO ORDERED.4

    Accused-appellant appealed to this Court, but the case was transferred to the CA through a Resolution dated September 6, 2004, following People v. Mateo.5

    The CA, in CA-G.R. CR-H.C. No. 01390, affirmed the decision of the trial court finding accused-appellant guilty of the offense charged.

    Hence, we have this appeal.

    The Issues

    Accused-appellant raises the following assignment of errors: (1) the lower court gravely erred in not acquitting accused-appellant on reasonable doubt; and (2) the lower court gravely erred in holding that a conspiracy exists between accused-appellant and her co-accused.

    The Court's Ruling

    The appeal is without merit.

    In her defense, accused-appellant claims that she was an ordinary employee of Middle East International Manpower Resources, Inc., where her other co-accused were the owners and managers. She also denies receiving payment from the complainants; that had she promised employment in Taiwan, this promise was made in the performance of her duties as a clerk in the company. She denies too having knowledge of the criminal intent of her co-accused, adding that she might even be regarded as a victim in the present case, as she was in good faith when she made the promise.

    Art. 13(b) of the Labor Code reads:

    "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(a) and (b) of the Labor Code reads as follows:

    (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. x x x

    (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.

    Art. 39(a) provides that the penalty of life imprisonment and a fine of PhP 100,000 shall be imposed if illegal recruitment constitutes economic sabotage as defined above.

    The claim of accused-appellant that she was a mere employee of her other co-accused does not relieve her of liability. An employee of a company or corporation engaged in illegal recruitment may be held liable as principal, together with his employer, if it is shown that the employee actively and consciously participated in illegal recruitment.6 As testified to by the complainants, accused-appellant was among those who met and transacted with them regarding the job placement offers. In some instances, she made the effort to go to their houses to recruit them. She even gave assurances that they would be able to find employment abroad and leave for Taiwan after the filing of their applications. Accused-appellant was clearly engaged in recruitment activities, notwithstanding her gratuitous protestation that her actions were merely done in the course of her employment as a clerk.

    Accused-appellant cannot claim to be merely following the dictates of her employers and use good faith as a shield against criminal liability. As held in People v. Gutierrez:

    Appellant cannot escape liability by claiming that she was not aware that before working for her employer in the recruitment agency, she should first be registered with the POEA. Illegal recruitment in large scale is malum prohibitum, not malum in se. Good faith is not a defense.7

    The claim of accused-appellant that she received no payment and that the payments were handed directly over to her co-accused fails in the face of the testimony of the complainants that accused-appellant was the one who received the money. In spite of the receipts having been issued by her co-accused, the trial court found that payments were directly made to accused-appellant, and this finding was upheld by the CA. Nothing is more entrenched than the rule that where, as here, the findings of fact of the trial court are affirmed by the CA, these are final and conclusive upon this Court.8 And even if it were true that no money changed hands, money is not material to a prosecution for illegal recruitment, as the definition of "recruitment and placement" in the Labor Code includes the phrase, "whether for profit or not." We held in People v. Jamilosa that it was "sufficient that the accused promises or offers for a fee employment to warrant conviction for illegal recruitment."9 Accused-appellant made representations that complainants would receive employment abroad, and this suffices for her conviction, even if her name does not appear on the receipts issued to complainants as evidence that payment was made.

    Neither accused-appellant nor her co-accused had authority to recruit workers for overseas employment. The Philippine Overseas Employment Administration (POEA), through its employee, Corazon Aquino, issued on July 8, 1997 the following certification to that effect:

    This is to certify that per available records of this Office, MIDDLE EAST INTERNATIONAL MANPOWER RESOURCES INC., with office address at 2119 P. Burgos St., cor. Gil Puyat Ave., Pasay City represented by SAPHIA CALAMATA ASAAD is a licensed landbased agency whose license expired on October 13, 1996. Per record, said agency has not filed any application for renewal of license.

    Per available records, the names of RODANTE IMPERIAL a.k.a. ROMEO MARQUEZ, TERESITA IMPERIAL a.k.a. TERESITA MARQUEZ, ROMMEL MARQUEZ a.k.a. ROMMEL IMPERIAL and LOURDES VALENCIANO do not appear on the list of employees submitted by agency.

    This certification is being issued for whatever legal purpose it may serve.10

    Another certification dated July 9, 1997 stated that accused-appellant in her personal capacity was not licensed or authorized to recruit workers for overseas employment and that any recruitment activities undertaken by her are illegal.11 Accused-appellant could thus point to no authority allowing her to recruit complainants, as she was not an employee of Middle East International Manpower Resources, Inc. nor was she allowed to do so in her personal capacity. Furthermore, she undertook recruitment activities outside the premises of the office of a licensed recruitment agency, which can only be done with the prior approval of the POEA, and neither she nor her co-accused had permission to do so, as testified by Aquino of the POEA.12

    Accused-appellant was convicted of Illegal Recruitment in Large Scale, and there could be no other result. As held in Jamilosa:

    To prove illegal recruitment in large scale, the prosecution is burdened to prove three (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 Labor Code; (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.13 x x x

    The RTC found accused-appellant to have undertaken recruitment activities, and this was affirmed by the CA. A POEA certification was submitted stating that accused-appellant was not authorized to recruit applicants for overseas employment, and she did not contest this certification. In the present case, there are four complainants: De Luna, De Villa, Dela Cuesta, and Candelaria. The three essential elements for illegal recruitment in large scale are present. Thus, there can be no other conclusion in this case but to uphold the conviction of accused-appellant and apply the penalty as imposed by law.

    WHEREFORE, premises considered, we AFFIRM the appealed CA Decision dated July 24, 2007 in CA-G.R. CR-H.C. No. 01390, with no costs.

    SO ORDERED.

    Endnotes:


    1 Penned by Associate Justice Marina L. Buzon and concurred in by Associate Justices Rosmari D. Carandang and Mariflor P. Punzalan Castillo.

    2 Penned by Judge Alfredo G. Gustilo.

    3 Rollo, p. 3.

    4 Id. at 99-100.

    5 G.R. NOS. 147678-87, July 7, 2004, 433 SCRA 640.

    6 People v. Cabais, G.R. 129070, March 16, 2001, 354 SCRA 553, 561.

    7 G.R. No. 124439, February 5, 2004, 422 SCRA 32, 43-44.

    8 Springsun Management Systems Corporation v. Camerino, G.R. No. 161029, January 19, 2005, 449 SCRA 65, 85.

    9 G.R. No. 169076, January 23, 2007, 512 SCRA 340, 352.

    10 Rollo, p. 7.

    11 Id.

    12 Id. at 9-10.

    13 Supra note 9, at 351.

    G.R. No. 180926 - PEOPLE OF THE PHILIPPINES v. LOURDES V ALENCIANO Y DACUBA


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