GR 124342; (December, 1999) (Digest)
March 15, 2026GR L 24003; (November 1975) (Digest)
March 15, 2026G.R. No. 135382; September 29, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. LOURDES GAMBOA, accused-appellant.
FACTS
Accused-appellant Lourdes Gamboa, along with several others, was charged with Illegal Recruitment in Large Scale. From March 1996 to August 1997, the group, operating from an office in Ermita, Manila, promised overseas employment in countries like Taiwan and Brunei to seven complainants. They represented themselves as affiliated with a licensed agency, Bemil Management, and collected substantial placement fees ranging from ₱10,000 to ₱40,000 from each applicant. None of the complainants were deployed abroad or refunded their money.
A police entrapment operation was conducted on August 15, 1997. P/Insp. Ligaya Cabal posed as an applicant, was offered a job in Brunei, and paid a processing fee. Upon her signal, police arrested Gamboa and a companion. The other accused remained at large. Only Gamboa was tried after the prosecutor found the companion to be a fellow applicant. The trial court convicted Gamboa, imposing life imprisonment and a fine.
ISSUE
Whether the trial court correctly convicted accused-appellant Lourdes Gamboa of Illegal Recruitment in Large Scale.
RULING
Yes, the conviction is affirmed. Illegal recruitment in large scale under RA 8042 has three elements: (1) the accused engages in recruitment and placement activities; (2) the accused does not have a valid license or authority from the POEA; and (3) the offense is committed against three or more persons. All elements were proven. The prosecution presented seven complainants who testified to Gamboa’s direct participation in the recruitment process within the office, including interviewing applicants, collecting fees, and issuing receipts. The defense of being a mere applicant herself was rejected as a bare denial, which cannot prevail over the positive and categorical testimonies of the victims. The lack of a POEA license was also established. The law considers illegal recruitment in large scale as economic sabotage, warranting the severe penalty of life imprisonment. Conspiracy was evident from her coordinated actions with her cohorts in running the illicit recruitment scheme.