GR 178204; (August, 2008) (Digest)
G.R. No. 178204 ; August 20, 2008
THE PEOPLE OF THE PHILIPPINES, appellee, vs. MARCOS GANIGAN, appellant.
FACTS
Appellant Marcos Ganigan, along with several family members, was charged with Large Scale Illegal Recruitment under Republic Act No. 8042 . The Information alleged that between July and August 1998 in Plaridel, Bulacan, they conspired to recruit and collect fees from three individuals—Mauro Eusebio, Valentino Crisostomo, and Leonora Domingo—for overseas employment in New Zealand without the requisite license from the Philippine Overseas Employment Administration (POEA). Only appellant was arrested and tried. The prosecution evidence established that appellant made representations about his relatives’ capacity to recruit workers, facilitated meetings, and collected various fees from the complainants, including an assurance fee and medical expenses. The complainants attended required bible study sessions based on promises of deployment, which never materialized. POEA certifications confirmed that appellant and his co-accused had no authority to recruit.
ISSUE
Whether the prosecution proved beyond reasonable doubt appellant’s guilt for the crime of Illegal Recruitment in Large Scale.
RULING
Yes. The Supreme Court affirmed the conviction. The crime of Illegal Recruitment in Large Scale requires proof of three elements: (1) the accused undertook recruitment activities without the necessary license or authority from the POEA; (2) the accused committed such acts against three or more persons, individually or as a group; and (3) the accused charged or accepted fees in connection with such recruitment. All elements were conclusively established. The positive and categorical testimonies of the three complainants, corroborated by documentary evidence including receipts of payment signed or acknowledged by appellant, detailed his active participation in the recruitment scheme. His bare denial of involvement and claim of being a fellow victim were deemed unsubstantiated and could not prevail over the consistent and credible affirmative evidence presented by the prosecution. The act of recruiting three persons constituted economic sabotage, warranting the penalty of life imprisonment and a fine under Section 7(b) of R.A. 8042.