People V Estrada GR No. 225730 February 2 2018 2C Salvador, Joshua Philippe S.

 

Salvador, Joshua Philippe S. 2C

People v Estrada (GR NO 225730, February 28, 2018)

Topic: Illegal Recruitment Facts:

Estrada was indicted for the crime of Illegal Recruitment in Large Scale and Estafa under four  separate Informations. Complainants Sevillena and Antionio met Estrada on different dates. During their respective meetings, Estrada represented represented herself as having power and authority to deploy persons abroad for overseas employment. Cortez stated that in their initial meeting, Estrada told him that she works for a recruitment agency for overseas employment called Worldview. Going further, Estrada told him that she has changed agency because the license of  World Wo rldvie view w had had al alrea ready dy expire expired. d. Estra Estrada da offe offered red the co compl mplai aina nants nts jobs jobs in Duba Dubai. i. The The complainants complain ants submitted the necessary necessary documents documents for their overseas employments and paid for  the processing, placement, and other fees. Estrada did not issue even a single receipt for the said payments of the complainants. Estrada also asked the complainants to undergo medical exami examina natio tion n at the Holy Holy Ange Angell Medic Medical al Clinic Clinic and and th they ey pa paid id for the medica medicall ex exami amina natio tion n personally to Estrada and no receipt was issued again. Estrada required the complainants to undergo the Pre-Departure Orientation Seminar, but she failed to deploy them for employment abroad.

ISSUE: Whether or not Estrada is Guilty of Illegal Recruitment in Large Scale RULING: Yes, Estrada is guilty of Illegal recruitment. Conviction for illegal recruitment under R.A. No. 8042 in relation to the Labor Code, the prosecution must establish two (2) elements: first, the offender has no valid license or authority required by law to enable one to lawfully engage in the recruitment and placement of workers; and second, the offender undertakes any of the activities within the meaning of recruitment and placement defined in Article 13(b) of the Labor Code, or  any of the prohibited practices enumerated under Section 6 of R.A. No. 8042. third element must be established, established, that is, the offender commits the illegal recruitment activities against three or more persons, individually or as a group.

 

The Court is convinced convinced that the prosecution prosecution was able to establish the essential elements of the crime of illegal recruitment in large scale. First, it is not disputed that Estrada is not licensed or authorized authorized to recruit workers for overseas placement. Second, the prosecution was able to establish that Estrada unlawfully engaged in activities which refer to recruitment and placement under Article 13(b) of the Labor Code and Section 6 of  R.A. No. 8042. Estrada promised and recruited private complainants for employment abroad for a fee. Fina Finall lly, y, Estr Estrad ada a comm commit itte ted d il ille lega gall recr recrui uitm tmen entt acti activi viti ties es ag agai ains nstt th the e th thre ree e (3 (3)) pr priv ivat ate e complainants. Thus, the trial and appellate courts properly convicted Estrada of the crime of  illegal recruitment in large scale.