Ratio decidendi: G.R. No. 181245, August 6, 2008
Illegal recruitment in large scale, Republic Act No. 8042
YNARES-SANTIAGO, J.
Appellant was charged with violation of Section 6 (l) and (m) of Republic Act No. 8042 or the Migrant Workers and Overseas Filipinos Act of 1995.
Appellant conceded in his Brief that the prosecution satisfactorily established that he engaged in the act of recruitment and placement of workers for deployment abroad. It was likewise proven that the private complainants were never deployed to Taiwan as factory workers. Moreover, it was also settled that he received certain amounts allegedly to be used to cover the expenses for the documentation and processing of the complainants’ papers, but said amounts were never reimbursed to them despite their non-deployment and repeated demands. However, appellant argued that he cannot be held liable for illegal recruitment because it was not shown that he has not secured a license or authority to recruit or deploy workers.
This contention lacks basis. It is clearly provided in Section 6 of Republic Act No. 8042 that any person, whether a non-licensee, non-holder, licensee or holder of authority may be held liable for illegal recruitment for certain acts as enumerated in paragraphs (a) to (m) thereof. Since appellant was charged with violation of Sec. 6 (l) and (m), there is no more need to prove whether he is a licensee or not because it is no longer an element of the crime. The trial court and the Court of Appeals therefore correctly found appellant guilty as charged.
In the instant case, appellant is guilty of illegal recruitment in large scale because it was committed against the four private complainants. This is in accordance with the penultimate paragraph of Section 6 of Republic Act No. 8042 which provides, thus:
“Illegal recruitment is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another. It is deemed committed in large scale if committed against three (3) or more persons individually or as a group.”
Friday, August 15, 2008
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1 comments:
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