G.R. No. 118104 -06 November 28, 1997
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SIXTO RECIO y MAGPANTAY and ZENAIDA VALENCIA y de VALENCIA, accused-appellants.

FACTS

Accused-appellants Sixto Recio and Zenaida Valencia were charged before the Regional Trial Court of Manila, Branch 5, with one count of illegal recruitment in large scale (Criminal Case No. 92-108476) and two counts of estafa (Criminal Cases No. 92-108477 and 92-108478). The illegal recruitment charge alleged that between April and May 1992, in Manila, they conspired to recruit and promise employment abroad to fifteen named individuals without the required license from the Department of Labor. The estafa charges involved defrauding Ruel Vicente of P90,000.00 by promising employment in Japan, and Rowena Reyes of P15,000.00 by promising employment in Dubai.
The prosecution evidence established that in April 1992, appellants, representing themselves as husband and wife, went to Cabiao, Nueva Ecija, and befriended complainants including Ruel Vicente, Flora Garcia, and Rowena Reyes, offering them overseas employment for a fee. Vicente paid a total of P90,000.00, Garcia paid P5,000.00 for medical and other fees, and Reyes paid P15,000.00, even pawning her jewelry and mortgaging her ricefield. None of the complainants were deployed abroad. Appellants denied the charges and blamed each other. Recio, a licensed physical therapist, claimed he had no involvement in recruitment and that Vicente’s payment was made to Valencia. Valencia claimed she was also an applicant introduced by Recio as a recruiter and that she herself was a victim, having paid money to a certain Jerry Arciaga of Talisman Placement Agency.
The trial court convicted appellants. For illegal recruitment in large scale, they were sentenced to life imprisonment and a fine of P100,000.00. For the two counts of estafa, they were sentenced to prison terms ranging from four years and two months to six years, five months, and eleven days. Appellants appealed, arguing the prosecution failed to prove their complicity.

ISSUE

Whether the prosecution proved beyond reasonable doubt the guilt of appellants Sixto Recio and Zenaida Valencia for the crimes of illegal recruitment in large scale and estafa.

RULING

Yes. The Supreme Court affirmed the judgment of the trial court. The prosecution presented clear and convincing evidence that appellants conspired to commit illegal recruitment. The elements of illegal recruitment are: (1) the offender has no valid license or authority to lawfully engage in recruitment, and (2) the offender undertakes any activity within the meaning of “recruitment and placement” under Article 13(b) of the Labor Code or any prohibited practice under Article 34. Illegal recruitment in large scale occurs when it is committed against three or more persons individually or as a group. The evidence showed appellants jointly offered overseas employment to multiple complainants for a fee without any license. Their defense of blaming each other was implausible and uncorroborated. Their actions constituted a conspiracy, as they acted in concert to induce the complainants to part with their money based on false promises of employment. The crime of estafa was also proven, as appellants employed false pretenses and fraudulent representations to defraud Vicente and Reyes of specific sums of money.