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People Vs Sadiosa

This document summarizes a Philippine Supreme Court case regarding illegal recruitment. It finds that a person can be charged with both illegal recruitment under the Labor Code and estafa for the same actions. The defendant was found guilty of illegally recruiting four complainants for overseas work by accepting fees from them but failing to secure them jobs or licenses. Illegal recruitment does not require criminal intent, only engaging in recruitment activities without proper licensing. The court upheld the defendant's conviction.

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995 views2 pages

People Vs Sadiosa

This document summarizes a Philippine Supreme Court case regarding illegal recruitment. It finds that a person can be charged with both illegal recruitment under the Labor Code and estafa for the same actions. The defendant was found guilty of illegally recruiting four complainants for overseas work by accepting fees from them but failing to secure them jobs or licenses. Illegal recruitment does not require criminal intent, only engaging in recruitment activities without proper licensing. The court upheld the defendant's conviction.

Uploaded by

Janex Tolinero
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, plaintiff-appellee, vs. DELIA SADIOSA y CABENTA, accused-appellant.

G.R. No. 107084 ; May 15, 1998

DOCTRINE:
A person who has committed illegal recruitment may be charged and convicted separately of
illegal recruitment under the Labor Code and estafa under Article 315 of the Revised Penal Code. The
crime of illegal recruitment is malum prohibitum where the criminal intent of the accused is not
necessary for conviction, while estafa is malum in se where the criminal intent of the accused is
necessary for conviction.

The essential elements of the crime of illegal recruitment in large scale are as follows:
1. the accused engages in the recruitment and placement of workers, as defined under Article
13 (b) or in any prohibited activities under Article 34 of the Labor Code; 2. accused has not
complied with the guidelines issued by the Secretary of Labor and Employment, particularly
with respect to the securing of a license or an authority to recruit and deploy workers,
whether locally or overseas; and 3. accused commits the same against three (3) or more
persons, individually or as a group.

Facts:
A certain Arsenia Conse enticed the four (4) complainants to apply for overseas employment as
domestic employees. Conse introduced the complainants to accused-appellant Delia Sadiosa who
assured their employment for a fee of 8,000 pesos as processing fee and 1000 pesos for passport fee
(1500 pesos from one of the complainants). The four (4) paid on different dates and they were assured
by the accused appellant that they will leave for overseas on different dates. However, none of them
were able to leave for employment.

During the trial, the accused appellant denied the allegations of illegal recruitment contending
that she was merely receiving the money in behalf of certain Mrs. Gamura. However, she failed to
present said person. The prosecution presented Senior Officer in the Licensing Branch and Inspection
Division of the Philippine Overseas Employment Administration (POEA). She testified that accused-
appellant was neither licensed nor authorized to recruit workers for overseas employment. She was
found guilty of illegal recruitment in large scale. On appeal, Accused appellant contended that the
information filed against her contained conflicting and irreconcilable charges of illegal recruitment.

Issues:
A. Whether accused-appellant is guilty of illegal recruitment in large scale.
B. Whether the allegations in the information render the information defective or multiplicitous.

Ruling:
A. Yes. The essential elements of the crime of illegal recruitment in large scale are as follows:
(1) the accused engages in the recruitment and placement of workers, as defined under Article 13 (b) or
in any prohibited activities under Article 34 of the Labor Code;(2) accused has not complied with the
guidelines issued by the Secretary of Labor and Employment, particularly with respect to the securing of
a license or an authority to recruit and deploy workers, whether locally or overseas; and (3) accused
commits the same against three (3) or more persons, individually or as a group. All these elements are
present in the instant case when she enticed them to pay and assure them employment knowing fully
well that she was "not a duly licensed job recruiter," falsely represented that she could "secure
employment as domestic helpers abroad" for the four complainants.
B. No. a person who has committed illegal recruitment may be charged and convicted separately
of illegal recruitment under the Labor Code and estafa under Article 315 of the Revised Penal
Code. The crime of illegal recruitment is malum prohibitum where the criminal intent of the
accused is not necessary for conviction, while estafa is malum in se where the criminal intent of
the accused is necessary for conviction.

In other words, a person convicted under the Labor Code may be convicted of offenses
punishable by other laws. However, 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. When the persons recruited are three or more, the crime becomes illegal
recruitment in large scale under Art. 38 (b) of the Labor Code. In both bases, it is the lack of a
necessary license or permit that renders such recruitment activities unlawful and criminal.

Rena May Gabinete

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