G.R. No. 107200 -03 November 9, 1993
People of the Philippines, plaintiff-appellee, vs. Manuel de Guia y Samonte, defendant-appellant.

FACTS

Accused-appellant Manuel de Guia y Samonte was convicted by the Regional Trial Court of Manila of Illegal Recruitment in Large Scale (Criminal Case No. 92-103341) and three counts of Estafa (Criminal Cases Nos. 92-103342, 92-103343, 92-103344). The Informations alleged that between May and December 1991, in Manila, the accused, conspiring with another, represented himself as having the capacity to contract, enlist, and transport workers for employment abroad without the required license from the Department of Labor and Employment. He recruited and promised employment abroad to Cirilo Lising, Montesa Gazmin, Leopoldo Realino, and Jesus Sumalinog. In the estafa cases, he defrauded Realino of P120,000, Sumalinog of P50,000, and Gazmin of P30,000 through false representations of his authority and capacity to secure overseas employment.
The prosecution presented the four complainants as witnesses. Cirilo Lising testified that the accused and a certain Loida de Guia promised him a factory job in Korea for a fee, and he paid P9,700. Montesa Gazmin applied for a job in Korea and paid P30,000 in installments. Leopoldo Realino applied for work in Japan and paid P120,000. Jesus Sumalinog applied for a job in Japan and paid P50,000 in installments. All payments were made at the accused’s office, “ML Promotions,” in Ermita, Manila. The complainants discovered the accused was not a licensed recruiter after verifying with the POEA and reported the matter to authorities. The accused denied the charges, claiming he was merely an employee of Loida de Guia and that the complainants were her clients. He also claimed his arrest was illegal.

ISSUE

Whether the accused-appellant is guilty beyond reasonable doubt of Illegal Recruitment in Large Scale and three counts of Estafa.

RULING

The Supreme Court AFFIRMED the decision of the trial court, finding the accused-appellant guilty beyond reasonable doubt of Illegal Recruitment in Large Scale and three counts of Estafa. The Court held that illegal recruitment is committed by any person who, without authority from the POEA, undertakes any recruitment activity enumerated under Article 13(b) of the Labor Code. The accused’s acts of promising overseas employment, collecting fees, and requiring the complainants to submit documents and fill out application forms constituted recruitment and placement. The fact that he recruited four persons made it large-scale illegal recruitment, which is economic sabotage. For estafa under Article 315(2)(a) of the Revised Penal Code, the element of deceit was present as the accused falsely represented his authority to recruit, inducing the complainants to part with their money. The Court found the testimonies of the complainants credible and consistent, and it rejected the accused’s defenses, noting his admission that he knew of no ill motive for the complainants to accuse him. The Court also ruled that any alleged illegality of his arrest was waived when he pleaded not guilty and proceeded to trial.