G.R. No. 127162 June 5, 1998
JOSE ABACA, petitioner, vs. HONORABLE COURT OF APPEALS, and PEOPLE OF THE PHILIPPINES, respondents.

FACTS

Petitioner Jose Abaca was charged with illegal recruitment under Articles 38 and 39 of the Labor Code (PD No. 442). The Information alleged that in November 1988, in Calapan, Oriental Mindoro, he falsely represented to Roselia Jiz Janeo, Zenaida J. Subang, Renita J. Janeo, and Melrose S. Palomo that he was authorized to recruit workers for employment in Taipei, Taiwan, and could facilitate the processing of their papers. By means of this deceit, he collected an aggregate amount of P14,000.00 from them, which he misappropriated for his own use. He pleaded not guilty. The prosecution evidence established that petitioner, introduced by his brothers, misrepresented himself as a licensed recruiter, promised jobs abroad, and collected payments from the four complainants. The complainants received passports but were never deployed. Petitioner denied recruiting them, claiming he merely referred them to a certain Mr. Reynaldo Tan to whom he remitted the money. He presented evidence that he was a Manager and PDOS Trainor for WORK, Inc., a licensed private recruitment agency. The Regional Trial Court found him guilty of illegal recruitment and sentenced him to four years imprisonment and to indemnify the complainants. The Court of Appeals affirmed with modification, finding him guilty of illegal recruitment in large scale and sentencing him to life imprisonment and a fine of P100,000.00.

ISSUE

Whether the Court of Appeals erred in finding petitioner guilty of illegal recruitment in large scale, specifically: (1) in not considering his certification from WORK, Inc. as authority to recruit; (2) in not finding that as a holder of authority he could not be charged; (3) in declaring him guilty of illegal recruitment in large scale and imposing the corresponding penalty; and (4) in finding that he undertook recruitment activities.

RULING

The petition was dismissed. The Supreme Court affirmed the decision of the Court of Appeals. The crime of illegal recruitment requires: (1) the offender has no valid license or authority to lawfully engage in recruitment; and (2) he undertakes any activity within the meaning of “recruitment and placement” or any prohibited practice. On the first element, the Court held petitioner was not a licensed recruiter, as certified by the POEA. His theory that his position as Manager and PDOS Trainor of WORK, Inc. authorized him to recruit was devoid of merit. The certification only affirmed his employment, not a license to recruit. Employment with a licensed agency does not ipso facto authorize recruitment. Even assuming WORK, Inc. authorized him, such authority was not previously approved by the POEA. On the second element, the Court found petitioner undertook recruitment activities. He gave his calling card from “Five Ace Philippines” to the complainants, promised jobs, collected fees, and assured them of deployment. His acts of promising employment and collecting fees constitute recruitment under the law. The Court upheld the finding of illegal recruitment in large scale as it was committed against four individuals. The penalty of life imprisonment and a fine of P100,000.00 was imposed as provided by law for illegal recruitment constituting economic sabotage.