G.R. No. 114905 December 12, 1997
People of the Philippines, plaintiff-appellee, vs. Donnie Peralta y Picana, accused-appellant.

FACTS

Accused-appellant Donnie Peralta y Picana was charged with Illegal Recruitment in Large Scale for violating the Labor Code. The Information alleged that from May to September 1992 in Parañaque, Metro Manila, he, without the required license or authority from the Department of Labor and Employment, falsely represented himself as having the power to recruit workers for abroad, and for a fee, recruited and promised employment in Taiwan to eight named individuals, including Rene Alcaraz, Julius Navarro, Imelda Aguirre, and Maria Teresa Magdaraog. During arraignment, he pleaded not guilty but admitted at pre-trial that he was not licensed or authorized by the POEA to recruit workers.
The prosecution presented four complainants as witnesses. Rene Alcaraz testified that in May 1992, he and Julius Navarro went to appellant’s house in Alabang, were given application forms, and were told that an initial payment of P10,000 would secure placement in a batch for Taiwan. Alcaraz paid P10,000 on June 10, 1992, and received a receipt signed by appellant’s wife, but was never deployed despite promises. Imelda Aguirre testified that in April 1992, appellant, introduced as a “brother in faith,” offered her work in Taiwan for a processing fee. She paid P9,000 on June 15, 1992, and received a receipt signed by appellant’s stepdaughter, but her promised deployment in September, then December 1992, and January 1993 did not materialize. Julius Navarro testified that in February 1992, he was introduced to appellant, who promised him factory work in Taiwan. He paid P10,000 on May 1, 1992, and received a receipt, but his promised departure was repeatedly postponed. Maria Teresa Magdaraog testified that in September 1992, she applied through appellant, paid P10,000, and received a receipt, but was never deployed.
In his defense, appellant claimed he was merely an employee of the Sons and Daughters Travel Consultancy, managed by his wife, and his role was limited to signing request forms for medical examinations as per an arrangement with the clinic. He denied recruiting the complainants or receiving their payments. The defense also presented a witness, Celedonio Munar, who testified he applied and paid at the travel consultancy and later got a refund.
The Regional Trial Court found appellant guilty beyond reasonable doubt of Illegal Recruitment in Large Scale, sentencing him to life imprisonment and a fine of P100,000. The court gave credence to the complainants’ testimonies and the documentary evidence (request forms and receipts), noting that appellant’s acts occurred prior to his claimed employment with the travel consultancy in October 1992.

ISSUE

Whether the trial court erred in finding accused-appellant Donnie Peralta y Picana guilty beyond reasonable doubt of Illegal Recruitment in Large Scale.

RULING

The Supreme Court AFFIRMED the trial court’s decision with modification. The appeal was denied. The Court held that all elements of Illegal Recruitment in Large Scale were proven beyond reasonable doubt: (1) appellant undertook recruitment activities by promising overseas employment in Taiwan to the complainants; (2) he charged fees as evidenced by receipts; and (3) he did so without the necessary license or authority from the POEA, which he admitted. The offense was in large scale as it was committed against three or more persons individually or as a group.
The Court rejected appellant’s defense that he acted merely as an employee of a licensed entity. The evidence showed he personally engaged in recruitment by convincing the complainants, providing application and medical request forms, and accepting payments through his family members, all before the alleged start of his employment with the travel consultancy in October 1992. The receipts and request forms he signed established his direct participation. The Court found the testimonies of the complainants credible and consistent. The defense of denial could not prevail over the positive identification and evidence presented by the prosecution.
The dispositive portion of the trial court’s decision was affirmed with the modification that appellant was further ordered to reimburse the complainants: Rene Alcaraz, Julius Navarro, and Maria Teresa Magdaraog P10,000 each, and Imelda Aguirre P9,000.