G.R. No. 123162 October 13, 1998
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. NENITA T. JUEGO and WILFREDO GAERLAN, accused, NENITA T. JUEGO, accused-appellant.

FACTS

Nenita T. Juego and Wilfredo Gaerlan were charged before the Regional Trial Court of Manila with Illegal Recruitment in Large Scale by twenty-six individual complainants. They were also charged with three counts of Estafa by three of the offended parties. Only Nenita stood trial as Wilfredo remained at large. Of the twenty-six complainants, only six pursued the illegal recruitment case. The prosecution presented evidence that Nenita, along with her husband Abelardo Juego (who died in 1992) and Wilfredo Gaerlan, operated under the name “AJ International Trade Link” at Amparo Building, España St., Sampaloc, Manila. They promised overseas employment in Taiwan to various individuals, collected processing and placement fees, and required submission of documents like passports and clearances. The complainants, including Anastacio Magleo, Fernando Magalong, Manuel Aquino, Raul Romero, Jonas Macasieb, and Patricio Garin Jr., paid amounts ranging from P4,500.00 to P30,115.00 but were never deployed. Nenita signed receipts in her husband’s name, gave assurances of departure, and later avoided the complainants. A certification from the Philippine Overseas Employment Administration confirmed that Nenita Juego and Wilfredo Gaerlan were neither licensed nor authorized to recruit workers. In her defense, Nenita claimed the business was her husband’s sole proprietorship, that he had a special power of attorney from licensed agencies, and that she was merely a housewife who had no involvement in recruitment. The trial court found her guilty of Illegal Recruitment in Large Scale and two counts of Estafa, sentencing her to life imprisonment, fines, indemnification, and prison terms for estafa. She appealed.

ISSUE

The main issue is whether accused-appellant Nenita T. Juego is guilty beyond reasonable doubt of Illegal Recruitment in Large Scale and Estafa.

RULING

The Supreme Court affirmed the conviction. It held that illegal recruitment is defined under Article 13(b) of the Labor Code as any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers, and includes referrals, contract services, promising or advertising for employment, locally or abroad. Under Article 38(a), it becomes illegal when undertaken by non-licensees or non-holders of authority. The Court found that Nenita actively participated in the recruitment scheme by convincing applicants, collecting fees, issuing receipts (even if signed in her husband’s name), giving assurances of deployment, and showing job orders. Her acts constituted recruitment and placement. The number of complainants (six) established that the recruitment was committed in large scale, which is illegal recruitment of three or more persons individually or as a group. For Estafa under Article 315(2)(a) of the Revised Penal Code, the Court found that she defrauded complainants by falsely pretending to have power and capacity to deploy workers abroad, inducing them to part with their money. The Court modified the penalties for estafa in accordance with the Indeterminate Sentence Law but sustained the life imprisonment and fine for illegal recruitment. The dispositive portion sentenced Nenita to life imprisonment, a P100,000.00 fine, and indemnification to the six complainants for illegal recruitment, and imposed indeterminate prison terms for the two counts of estafa.