G.R. No. 148137 ; January 16, 2003
People of the Philippines, appellee, vs. Dominga Corrales Fortuna, appellant.

FACTS

Appellant Dominga Corrales Fortuna was charged with Illegal Recruitment in Large Scale under Section 6, paragraph (m) of Republic Act No. 8042 . The information alleged that sometime in July 1998, in Cabanatuan City, the accused, without a license or authority, undertook recruitment activities by inducing six individuals (Rebecca P. De Leon, Annie M. Nuque, Nenita A. Andasan, Angelyn N. Magpayo, Lina N. Ganot, and Edgardo C. Salvador) to believe she could secure jobs for them in Taiwan. As a result, the complainants gave her a total of P32,400.00 for medical fees. They were not deployed, and the money was not reimbursed.
During trial, complainants Lina Ganot, Angelyn Magpayo, and Nenita Andasan testified that they met Fortuna at a Tupperware product seminar in Cabanatuan City. Fortuna offered them jobs in Taiwan. On July 6, 1998, each gave her P5,400.00 as a processing fee for medical examinations and passports. They underwent a medical examination in Manila on July 13, 1998, but their promised departure did not materialize. After demanding the return of their money and discovering Fortuna had no license, they filed a complaint. Fortuna partially reimbursed Magpayo P1,250.00 but failed to return the rest.
Fortuna, in her defense, claimed she met the complainants at the seminar and purchased Tupperware products from them as a sub-agent. She alleged she failed to remit payments for her sales, executed promissory notes, and was threatened with prosecution. She asserted the illegal recruitment case was filed in retaliation, noting that three of the six original complainants did not pursue the case as they had left abroad.
The Regional Trial Court found Fortuna guilty beyond reasonable doubt and sentenced her to life imprisonment and a fine of P500,000.00, ordering her to reimburse the complainants.

ISSUE

Whether the trial court erred in convicting appellant of Illegal Recruitment in Large Scale.

RULING

The Supreme Court AFFIRMED the trial court’s decision. The appeal was found bereft of merit.
The crime of illegal recruitment is committed when a person, without being duly authorized, represents or gives the distinct impression of having the power to provide work abroad, thereby convincing others to part with their money. The testimonies of the three complainants adequately established the commission of the offense. They consistently testified that Fortuna offered them jobs in Taiwan, collected P5,400.00 from each, and accompanied them for a medical examination, but failed to deploy them or return their money.
The defense of frame-up was rejected. The Court found the complainants’ testimonies credible, straightforward, and consistent. Their actions, such as parting with substantial sums and undergoing a medical examination, corroborated their claim of being recruited. The failure to reimburse the complainants, despite promises, further supported the finding of illegal recruitment.
The Court held that the offense was committed in large scale, as it was committed against three or more persons individually or as a group, warranting the penalty of life imprisonment and a fine of not less than P500,000.00 nor more than P1,000,000.00. The imposed penalty was in accordance with the law.
In an obiter dictum, the Court noted that statutory provisions prescribing a single penalty, like those in R.A. 8042, ignore the safeguards present in the Revised Penal Code’s system of graduated penalties, which consider mitigating or aggravating circumstances. The Court respectfully recommended that Congress revisit R.A. 8042 to adopt such provisions and recommended to the President a possible commutation of sentence given the case’s circumstances.