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PEOPLE OF THE PHILIPPINES vs. GILDA ABELLANOSA

The appellant was charged with illegal recruitment in large scale for falsely representing her ability to recruit job applicants for overseas work without proper authority. She was accused of collecting recruitment fees from eight individuals, including Gephre O. Pomar. While the appellant denied the allegations, seven witnesses testified that the appellant went to their town and recruited them by promising jobs in Brunei, collecting fees but failing to reimburse them. It was proven the appellant did not have a license for overseas recruitment. The court found the appellant guilty of illegal recruitment in large scale since it was committed against more than three individuals as required by law.

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276 views3 pages

PEOPLE OF THE PHILIPPINES vs. GILDA ABELLANOSA

The appellant was charged with illegal recruitment in large scale for falsely representing her ability to recruit job applicants for overseas work without proper authority. She was accused of collecting recruitment fees from eight individuals, including Gephre O. Pomar. While the appellant denied the allegations, seven witnesses testified that the appellant went to their town and recruited them by promising jobs in Brunei, collecting fees but failing to reimburse them. It was proven the appellant did not have a license for overseas recruitment. The court found the appellant guilty of illegal recruitment in large scale since it was committed against more than three individuals as required by law.

Uploaded by

Brenda de la Gente
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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PEOPLE OF THE PHILIPPINES vs.

GILDA
ABELLANOSA
G.R. No. 214340, July 19, 2017

DEL CASTILLO, J.:

Facts: Appellant was charged with Illegal


Recruitment in large scale in an Information alleging
that that accused falsely representing to possess
authority to recruit job applicants for employment
abroad without first having secured the required
authority from the POEA, illegally collect and
receive from GEPHRE 0. POMAR the amount of
(₱5,500.00), as partial payment of processing and
placement fees for overseas employment, which
illegal recruitment activities is considered an offense
involving economic sabotage, it being committed in
large scale under Sec. 6(m) paragraph 2 of Republic
Act [No.] 8042, having committed the same not only
against Gephre O. Pomar but also against seven (7)
others.

Appellant denied meeting any of the private


complainants while she was in Iloilo and maintained
that her purpose in going to Iloilo was only to assist
Shirley in processing the latter's business license.
Appellant likewise denied that she received money
from the private complainants; she claimed that it
was Shirley who was engaged in recruitment
activities.

Issue: Whether or not appellant is guilty of illegal


recruitment in large scale.

Ruling: Illegal recruitment is deemed committed in


large scale if committed against three (3) or more
persons individually or as a group.

In this case, private complainants Pomar, Pastolero,


Cathedral, Orias, Suobiron, Bueron, and Pelipog
testified that appellant went to Pavia, Iloilo and
represented herself as a recruiter who could send
them to Brunei for work; that appellant impressed
upon them that she had the authority or ability to
send them overseas for work by showing them a job
order from Brunei and a calling card; and appellant
collected processing or placement fees from the
private complainants in various amounts ranging
from ₱5,000.00 to ₱20,000.00; and that she did not
reimburse said amounts despite demands. In
addition, it was proved that appellant does not have
any license or authority to recruit workers for
overseas employment as shown by the certification
issued by the Philippine Overseas Employment
Administration.
Finally, appellant recruited seven persons, or more
than the minimum of three persons required by law,
for illegal recruitment to be considered in large
scale.

Ratio Decidendi: Recruitment becomes illegal when


undertaken by non-licensees or non-holders of
authority.

Gist: This is an appeal from Decision of the CA


which affirmed the Decision of the RTC finding
appellant guilty beyond reasonable doubt of the
crime of Illegal Recruitment in large scale.

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