G.R. No. 109761 September 1, 1994
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. CARMELITA PUERTOLLANO COMIA, accused-appellant.

FACTS

Carmelita Puertollano Comia was charged with Illegal Recruitment in Large Scale. The prosecution presented multiple complainants—Susana Belloso, Marilyn Bibar, Sandra Cosart, and Remedios Asis—who testified that Comia recruited them for janitorial jobs in Hong Kong. Each victim gave Comia substantial sums of money for processing fees, plane tickets, and other expenses, based on her assurances of employment under a certain “Dra. Zenaida Andres.” No receipts were issued. On the scheduled departure date, the promised employer did not appear at the airport, and an inquiry revealed no such person was registered with immigration. The victims reported the matter, leading to Comia’s arrest.
The defense claimed Comia was merely an agent of Dra. Andres and was herself a victim. She asserted she merely collected and forwarded the money to the doctor. However, she failed to present any evidence, such as receipts or correspondence, to prove the existence of Dra. Andres or that she had remitted the collected funds. The trial court found her guilty beyond reasonable doubt and sentenced her to life imprisonment and a fine.

ISSUE

Whether the accused-appellant, Carmelita Puertollano Comia, is guilty of Illegal Recruitment in Large Scale.

RULING

Yes, the Supreme Court affirmed the conviction. The legal logic rests on the established elements of illegal recruitment. First, Comia undertook recruitment activities by promising overseas employment and collecting fees from multiple individuals. Second, she did so without the required license or authority from the Philippine Overseas Employment Administration (POEA), as certified by the agency. The defense of being a mere agent of a fictitious principal is unavailing. The Court emphasized that the failure to present credible evidence proving the existence of Dra. Andres was fatal to her defense. Even assuming such a person existed, Comia’s direct participation in personally soliciting applicants and collecting fees without a license made her primarily liable. Illegal recruitment is committed by any person who undertakes the prohibited acts, regardless of whether they act as a principal, accomplice, or accessory. The number of victims (three or more) qualified the crime as large scale, warranting the penalty of life imprisonment. The Court modified the decision to order Comia to restitute the specific amounts she defrauded from each complainant.