G.R. No. 113344 July 28, 1997
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FRANCISCO SANTOS y SANTAMARIA and ATANACIO LUTO y LIMBOY, accused, ATANACIO LUTO y LIMBOY, accused-appellant.

FACTS

Accused Francisco Santos and appellant Atanacio Luto were charged with Illegal Recruitment in Large Scale. The prosecution evidence established that in early 1989, appellant Luto introduced Santos to Nenita Convucar. The trio agreed to engage in recruitment for overseas employment using Convucar’s residence/office under the business name “NPC Philippine Austrian Friendship Center.” They advertised for overseas jobs, attracting numerous applicants. It was stipulated that neither accused was licensed or authorized by the POEA to recruit workers. Among the victims, Marina Parto testified that she applied, was interviewed by Santos, and paid processing and plane ticket fees totaling P15,000.00 to Santos and Convucar, with an employment contract signed where appellant Luto acted as a witness. Rebecca Estrella testified that she applied, and appellant Luto and Convucar received her application and asked her to produce money, leading her to pay P5,000.00. None of the applicants, numbering at least thirty, were deployed abroad. Complaints were filed. Convucar turned witness against Luto and Santos. The defense claimed Luto was merely a part-time messenger for Santos’s import/export business and had no involvement in recruitment, only introducing Santos to Convucar as a favor.

ISSUE

Whether the trial court erred in finding appellant Atanacio Luto y Limboy guilty beyond reasonable doubt of the crime of Illegal Recruitment in Large Scale.

RULING

The Supreme Court AFFIRMED the trial court’s judgment finding appellant guilty of Illegal Recruitment in Large Scale, except for the indemnity ordered in favor of Laurence Maaño, which was deleted. The Court held that the crime’s elements were present: (1) the accused engaged in recruitment and placement as defined under the Labor Code; (2) the accused had no license or authority to recruit (proven by stipulation); and (3) the offense was committed against three or more persons. Appellant’s participation was sufficiently proven by the testimonies of victims Marina Parto and Rebecca Estrella, who identified him as receiving payments and being involved in the recruitment process. Conspiracy among appellant, Santos, and Convucar was established, as their collective actions showed a common purpose to recruit workers illegally. The act of one conspirator is the act of all. The recruitment of at least thirty persons satisfied the “large scale” element. The defense of mere introduction was untenable given his active involvement.