GR 120141; (April, 1999) (Digest)
G.R. No. 120141 April 21, 1999
People of the Philippines, plaintiff-appellee, vs. Lorna B. Guevarra, Josie Bea and Pedro Bea, Jr., accused-appellants.
FACTS
The three accused, Lorna Guevarra and spouses Josie and Pedro Bea, Jr., were charged with Illegal Recruitment committed by a syndicate and in large scale. The prosecution established that from August to September 1993, in Sto. Domingo, Albay, the accused, conspiring and acting without any license or authority from the POEA, recruited five individuals—Wilfredo Belbes, Ermelita Bocato, Rizalina Belbes, Alan Banico, and Arnel Basaysay—for promised jobs in Malaysia. They collected a placement fee of P30,000 from each complainant, facilitated their travel documents, and sent them to Kuala Lumpur on September 25, 1993.
Upon arrival in Malaysia, no employer met the complainants as assured. Stranded, they sought help from a relative of one accused but found no employment arranged. They were forced to return to the Philippines at their own expense. The accused offered no explanation for the failed deployment and even challenged the complainants to file a case. The defense claimed the transactions were mere loans, but the trial court found the prosecution’s evidence credible and convicted all three accused.
ISSUE
Whether the accused-appellants are guilty beyond reasonable doubt of the crime of Illegal Recruitment committed by a syndicate and in large scale.
RULING
Yes, the Supreme Court affirmed the conviction. The legal logic proceeds from the elements of the crime. First, the accused undertook recruitment activities, defined under the Labor Code as any act of canvassing, enlisting, contracting, transporting, or securing workers for employment. The evidence clearly shows the accused promised overseas employment, processed payments, and provided travel tickets. Second, they had no license or authority to recruit, as certified by the POEA. Third, they recruited at least five persons, satisfying the “large scale” element under Article 38(b). Finally, they acted as a syndicate, with three or more persons conspiring to carry out the unlawful scheme.
The Court found the testimonies of the five complainants consistent, credible, and sufficient to establish conspiracy. The defense of loan was correctly rejected as inherently weak and unsupported by evidence. The accused’s actions—collecting substantial fees, sending complainants abroad without actual employment, and showing no remorse—collectively prove criminal intent. The qualifying circumstances of syndicate and large scale recruitment were duly proven, warranting the penalty of life imprisonment and the awarded fines and damages. The trial court’s findings on credibility are entitled to great weight, and no reason exists to overturn them.