G.R. Nos. 114011-22 December 16, 1996
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. VEVINA BUEMIO, accused-appellant.

FACTS

Accused-appellant Vevina Buemio, a field officer of a travel agency, was charged with illegal recruitment in large scale and multiple counts of estafa. The prosecution established that Buemio, without the requisite license or authority from the Philippine Overseas Employment Administration (POEA), recruited several individuals for overseas employment. She promised jobs in Japan as factory workers with high salaries, collected substantial placement fees ranging from P60,000 to P150,000 from each complainant, and issued receipts for the payments. The recruits were instead sent to Korea with falsified passports and tickets, where they were stranded without obtaining the promised employment in Japan. Despite demands, Buemio failed to secure the jobs or refund the money.
The trial court consolidated the cases. During trial, several private complainants desisted, but the prosecution proceeded with the charges based on the remaining complainants: Cecilia Baas, Eliseo Principe, Eduardo Gutierrez, and Ramon Villanueva. Buemio denied the accusations, claiming she merely assisted in processing travel documents and that the money received was for visa and ticket expenses, not placement fees. The trial court convicted her of illegal recruitment in large scale but did not render a verdict on the separate estafa charges.

ISSUE

The core issue is whether the prosecution proved beyond reasonable doubt that Buemio is guilty of illegal recruitment in large scale under Articles 38 and 39 of the Labor Code.

RULING

The Supreme Court affirmed the conviction. Illegal recruitment in large scale is committed when a person, without the required POEA license or authority, undertakes recruitment activities for three or more persons. The law defines recruitment and placement broadly, encompassing any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers, including referrals and contract services for promised employment. The evidence conclusively showed Buemio engaged in these acts by promising specific jobs in Japan, processing travel documents, and collecting fees designated as “placement fees,” which she acknowledged in signed receipts. Her lack of POEA authority was certified and undisputed. The number of recruits exceeded three, qualifying the crime as large scale, which carries the penalty of life imprisonment and a fine. The Court found her defenses of mere assistance and payment for tickets unpersuasive, as her actions constituted a clear recruitment scheme. The trial court’s failure to rule on the estafa cases was noted but deemed not to affect the validity of the illegal recruitment conviction, as they constitute separate offenses. The penalty was affirmed with the modification ordering restitution of the unlawfully collected fees to the named complainants.