When large-scale illegal recruitment exists (1)

The accused was charged with and convicted of large-scale illegal recruitment. She and her partner recruited several persons and promised them well-paying jobs as worm pickers in Canada. Enticed, the victims paid them the amount both accused asked for. The latter, however, were not able to deliver on their promise.

When the victims found out that they were not POEA-accredited, they sued both accused for illegal recruitment. One stood trial, while the other remained at large. As for the accused who underwent judicial determination, she appealed her case to the Court of Appeals (CA). The appellate court, however, denied her appeal.

Still believing in her contention that she was not part of the illegal recruitment, she brought the matter up to the Supreme Court. This gave the High Court the opportunity to discuss what constitutes illegal recruitment and why it applies to her case.

The Court said: “Preliminarily, it is worthy to note that a person may be convicted of illegal recruitment based on the testimonies of the complainants, if found to be credible and convincing. Relatedly, the CA and the RTC’s assessment of the veracity of the testimonies of the complainants is given the highest degree of respect, especially if there is no fact or circumstance of weight or substance that was overlooked, misunderstood or misapplied, which could affect the result of the case.

“The trial court had the best opportunity to determine the credibility of the complainants, having evaluated their emotional state, reactions, and overall demeanor in open court. In the present case, both the CA and the RTC gave credence to Viloria et al.’s testimonies, finding the same to be categorical. The Court finds no sufficient reason to disturb the findings of the CA and the RTC as to the credibility of Viloria et al.’s testimonies.

“Large-scale illegal recruitment is defined in Section 6 of Republic Act 8042, as amended by Republic Act 10022, which broadened the concept of illegal recruitment under the Labor Code, thus: 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 to 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: (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 or acknowledge any amount greater than that actually received by him as a loan or advance;

“(n) To allow a non-Filipino citizen to head or manage a licensed recruitment/manning agency. Illegal recruitment is deemed committed by a syndicate if carried out by a group of three or more persons conspiring or confederating with one another. It is deemed committed on a large scale if committed against three or more persons individually or as a group.

“In addition to the acts enumerated above, it shall also be unlawful for any person or entity to commit the following prohibited acts: (1) Grant a loan to an overseas Filipino worker with interest exceeding eight percent [per annum], which will be used for payment of legal and allowable placement fees and make the migrant worker issue, either personally or through a guarantor or accommodation party, postdated checks in relation to the said loan;

“(7) For a recruitment/manning agency or a foreign principal/employer to pass on to the overseas Filipino worker or deduct from his or her salary the payment of the cost of insurance fees, premium, or other insurance-related charges, as provided under the compulsory worker’s insurance coverage.

(To be continued)