G.R. No. 115719 -26 October 5, 1999
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. IRENE YABUT and FERNANDO CORTEZ y VEGA, accused-appellant.

FACTS

Accused-appellant Fernando Cortez, a former policeman, and his common-law wife Irene Yabut were charged with Illegal Recruitment in Large Scale and Estafa. Only Cortez stood trial as Yabut remained at-large. Multiple private complainants, including Henry Ilar, Reynaldo Claudio, and Arnel Diana, testified to a similar pattern of deception. The accused, operating from a room in an apartelle in San Juan, Metro Manila, promised overseas employment in Japan as hotel workers. They required and received substantial payments from the complainants for processing fees, visas, medical exams, and training. The complainants were made to sign employment contracts but were never furnished copies. Repeatedly scheduled departures were cancelled under various pretexts. A certification from the Philippine Overseas Employment Administration confirmed that neither accused was licensed or authorized to recruit workers for overseas employment.

ISSUE

The core issue is whether the prosecution proved beyond reasonable doubt the guilt of accused-appellant Fernando Cortez for the crime of Illegal Recruitment in Large Scale.

RULING

The Supreme Court affirmed the conviction. The legal logic rests on the confluence of two essential elements for Illegal Recruitment in Large Scale under Article 38(b) of the Labor Code, as amended: (1) the accused undertook recruitment activities without the necessary license or authority from the POEA, and (2) the accused committed the same against three or more persons individually or as a group. The POEA certification conclusively established the lack of license. The testimonies of multiple complainants, which the trial court found credible and consistent, sufficiently proved that Cortez, in conspiracy with Yabut, engaged in recruitment by promising employment and collecting fees. His active participation was demonstrated by his presence during transactions, his assurances to applicants, and his role in perpetuating the scheme. The crime is qualified as large scale, hence non-bailable, as it victimized three or more persons. The defense of denial cannot prevail over the positive and categorical testimonies of the complainants. The penalty of life imprisonment and the fine of P100,000.00 were upheld, with a slight modification to the indemnity awarded to one complainant. The Court emphasized the grave societal menace of illegal recruitment, which exploits the dreams of overseas workers, justifying the full force of the law against its perpetrators.