G.R. No. 229712 February 28, 2018
People of the Philippines, Plaintiff-Appellee vs. Delia C. Molina, Accused-Appellant

FACTS

Accused-appellant Delia C. Molina, President of Southern Cotabato Landbase Management Corporation, was charged with Illegal Recruitment in Large Scale under Republic Act No. 8042 . The Information alleged that between April and September 2006, in Makati City, Molina and her co-accused Juliet Pacon conspired to recruit for a fee five individuals—Maria Luya, Gilbert Ubiña, Wilfredo Logo, Benjamin Delos Santos, and Maylen Bolda—by promising them employment as factory workers in South Korea. The complainants paid placement fees ranging from ₱70,000 to ₱130,000 but were never deployed abroad. The case proceeded solely against Molina as Pacon remained at-large.
During trial, the five private complainants testified consistently. They identified Molina as the agency owner, having seen and spoken with her in the office where she assured them of deployment. They paid fees to Pacon, who acted on behalf of the agency, and received official cash vouchers. Their applications failed, and a POEA certification confirmed the agency had no valid job orders for Korea. Molina’s defense hinged on her claim that she had already sold the agency to Pacon in 2005 and was merely a consultant, presenting a Deed of Sale and a Secretary’s Certificate to support this.

ISSUE

Whether the Court of Appeals erred in affirming the conviction of accused-appellant Delia C. Molina for the crime of Illegal Recruitment in Large Scale.

RULING

The Supreme Court denied the appeal and affirmed the conviction. The legal logic rests on the established elements of Illegal Recruitment in Large Scale: (1) the accused undertook recruitment activities without the necessary license or authority from the POEA, and (2) the accused committed the same against three or more persons individually or as a group. The prosecution conclusively proved both elements. The POEA certification confirmed Molina’s agency had no license to recruit workers for Korea, satisfying the first element. The credible, positive, and categorical testimonies of the five complainants, corroborated by cash vouchers, established the second element, proving recruitment of more than three persons.
The Court rejected Molina’s defense of having sold the agency. The Deed of Sale she presented was a private document lacking notarization and any record with the SEC or POEA to effect a transfer of license. Critically, a separate POEA certification listed her as the agency’s President/Proprietor during the precise period of the illegal recruitment in 2006. Her active participation was further proven by the complainants who personally transacted with and received assurances from her. As the responsible officer of the unlicensed entity, she is criminally liable. The crime, being in large scale, is punishable by life imprisonment and a fine. The award of actual damages equivalent to the amounts paid by each complainant, with 6% interest from finality until full payment, was sustained.