G.R. No. 113917 July 17, 1995
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FELICIA CABACANG Y MAZAMBIQUE, accused-appellant.

FACTS

Accused-appellant Felicia Cabacang was charged with illegal recruitment in large scale. The prosecution evidence established that Cabacang, without the requisite license or authority from the Department of Labor and Employment, represented to four private complainants that she could secure them janitorial employment in Abu Dhabi. She collected a total of P32,500.00 in processing fees from them through their relative, Wilma Gregorio, and assured them of a specific departure date. When the complainants failed to leave as promised, they discovered that Cabacang was merely renting a table at the Lakas Agency and was not an authorized employee. A complaint was filed with the NBI, leading to a settlement agreement for refund, which Cabacang only partially fulfilled by returning P6,700.00.
The defense presented a different narrative. Cabacang admitted receiving the money but claimed she was an employee and liaison officer of the licensed Lakas Agency, acting on its behalf. She asserted that the complainants’ deployment failed because they could not produce the required airfare, and that the fees collected were applied to offset alleged prior debts of the complainants’ relatives to the agency. The trial court rejected this defense, convicted Cabacang of illegal recruitment in large scale, and sentenced her to life imprisonment and a fine.

ISSUE

Whether the prosecution proved beyond reasonable doubt that accused-appellant Felicia Cabacang is guilty of illegal recruitment in large scale.

RULING

Yes, the Supreme Court affirmed the conviction. The legal logic hinges on the elements of illegal recruitment under Article 38 of the Labor Code. The prosecution conclusively established that: (1) Cabacang undertook recruitment activities by promising overseas employment to four individuals and collecting fees; and (2) she did so without the necessary license or authority from the POEA, a fact confirmed by a POEA representative. Her actions constituted illegal recruitment in large scale, which is recruitment of three or more persons, warranting the severe penalty of life imprisonment.
The Court found Cabacang’s defense unmeritorious. Her claim of being a mere employee or liaison of a licensed agency does not exonerate her. The law penalizes any person who carries out recruitment without a license, regardless of whether they act as a principal or an agent. Her direct representations to the complainants, her personal collection of fees, and her issuance of receipts in her own name demonstrated that she was personally engaged in the unlawful recruitment scheme. The partial restitution of the fees did not negate the crime, as the offense is consummated upon the act of unauthorized recruitment and collection. The trial court’s assessment of witness credibility, which favored the prosecution, was upheld.