GR 199497; (August, 2016) (Digest)
G.R. No. 199497 , August 24, 2016.
People of the Philippines, Plaintiff-Appellee vs. Delia Camannong, Accused-Appellant.
FACTS
Accused-appellant Delia Camannong was charged with Illegal Recruitment in Large Scale. The information alleged that in July 2000, in Bautista, Pangasinan, she willfully and unlawfully recruited Joel G. Salva, Marvin Albano, Reynaldo Salva, Jr., Rolly Calixtro, and Roger Cabel for employment abroad without the requisite license or authority from the Department of Labor and Employment (DOLE). The prosecution presented the complainants and a DOLE officer, Remedios Mercado, who testified that Camannong had no license or authority to recruit. The complainants testified that Camannong introduced herself as a recruiter for apple pickers in Israel, collected money from them for processing fees, passports, and medical examinations, and promised deployment in September 2000, which did not materialize. Camannong denied the allegations, claiming the recruiter was a certain “Sonny” and that she was framed by an NBI agent, Rolly Lomboy, who attempted to extort money from her. The Regional Trial Court found her guilty and sentenced her to life imprisonment and a fine of ₱100,000.00. The Court of Appeals affirmed the conviction but increased the fine to ₱500,000.00.
ISSUE
Whether the Court of Appeals correctly affirmed the conviction of the accused-appellant for Illegal Recruitment in Large Scale and properly imposed the penalty provided by law.
RULING
Yes, the Court of Appeals correctly affirmed the conviction. The essential elements of Illegal Recruitment in Large Scale are: (1) the accused engaged in acts of recruitment and placement of workers as defined under the Labor Code, or in any prohibited activities listed therein; (2) the accused did not have the required license or authority from the Secretary of Labor and Employment; and (3) the unlawful acts were committed against three or more persons. All elements were proven beyond reasonable doubt. Camannong undertook recruitment activities by promising overseas employment, requiring medical examinations, and collecting fees from at least four complainants. The DOLE officer confirmed she had no license or authority. The defense of frame-up was rejected for lack of evidence connecting the complainants to the alleged extortion attempt by the NBI agent. The penalty of life imprisonment and a fine of ₱500,000.00, as modified by the Court of Appeals, is in accordance with the law. The award of actual damages to the complainants was also affirmed.