G.R. No. 108107 June 19, 1997
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SUSAN PANTALEON, a.k.a. SUSAN FLORES, accused-appellant.

FACTS

Accused-appellant Susan Pantaleon was charged with illegal recruitment in large scale and estafa. The prosecution evidence established that she recruited Ricardo Rosita, Nonito Abadillos, and Leandro Rosita for employment in Japan. Ricardo Rosita paid her P60,000 for a plane ticket and document facilitation, used a fake passport under the name Pedro Lorzano, and was apprehended in Korea. Nonito Abadillos paid P75,000 for similar promises, traveled to Saipan, but never received the promised ticket to Japan and returned to the Philippines. Leandro Rosita made partial payments totaling P29,000 for the same purpose. All three were promised jobs as factory workers in Saitama, Japan. The National Bureau of Investigation (NBI) was notified, leading to the criminal case. The Regional Trial Court of Manila, Branch 16, acquitted Pantaleon of estafa but ordered her to indemnify the complainants (deducting the value of plane tickets) and convicted her of illegal recruitment in large scale, sentencing her to life imprisonment, a P100,000 fine, and costs.

ISSUE

Whether the trial court erred in finding accused-appellant Susan Pantaleon guilty of the crime of illegal recruitment in large scale.

RULING

No, the trial court did not err. The Supreme Court affirmed the conviction. The elements of illegal recruitment are: (1) the accused undertook recruitment activities, and (2) the accused did not have a license or authority to do so. Pantaleon committed recruitment activities by promising employment in Japan to at least three persons (Ricardo Rosita, Nonito Abadillos, and Leandro Rosita) and charging them large fees, which constituted illegal recruitment in large scale under Article 38(b) of the Labor Code. The prosecution witnesses’ testimonies consistently proved she offered jobs for a fee. The absence of recruitment documents only highlighted her lack of authority, as legitimate agencies would require contracts and applications. The appeal was devoid of merit.