G.R. No. 244001, June 23, 2021
AQUILINA MARQUEZ MARAJAS, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

FACTS

Petitioner Aquilina M. Marajas and her co-accused Myrna Melgarejo were charged with Illegal Recruitment under Section 6 of R.A. No. 8042, as amended. They were also charged, along with co-accused Raymond Marquez Pilac, with violation of Section 5(e) of R.A. No. 9208 (Anti-Trafficking in Persons Act of 2003). The charges stemmed from incidents on May 31, 2012, in Pasay City. Private complainant Nieves Tag-at sought employment abroad through Melgarejo’s Myron Travel Agency. Petitioner met Tag-at and informed her the agency would arrange a sponsor in Beijing, China for her to work as a domestic helper. On May 31, 2012, petitioner gave Tag-at a fake Letter of Invitation and Support and accompanied her to NAIA Terminal 3. Petitioner instructed Tag-at to fall in line at the Immigration counter manned by Pilac. Pilac cleared Tag-at for departure despite her only having P1,000.00. IACAT agents observed the incident and referred Tag-at for secondary inspection, where she was offloaded. Tag-at revealed her real purpose was employment and that the documents given by petitioner were fake. A POEA certification confirmed petitioner was not licensed to recruit workers. Petitioner denied the charges, claiming she merely accompanied Tag-at to the airport as a fellow applicant to check the agency’s legitimacy.

ISSUE

Whether the Court of Appeals correctly affirmed the trial court’s finding that petitioner is guilty beyond reasonable doubt of Illegal Recruitment under R.A. No. 8042, as amended, and of Trafficking in Persons under R.A. No. 9208.

RULING

The Supreme Court DENIED the petition and AFFIRMED the Decision of the Court of Appeals. The CA correctly found petitioner guilty of both charges. For Illegal Recruitment, all elements were present: (1) petitioner undertook recruitment activities by referring and facilitating Tag-at’s departure for employment in China using falsified travel documents; (2) petitioner had no license or authority from the POEA, as certified. For Trafficking in Persons under Section 5(e) of R.A. No. 9208, the elements were also established: (1) petitioner facilitated the departure of Tag-at; (2) for the purpose of employment; (3) using fraudulent means, specifically by providing fake documents and instructing her to line up at a specific immigration counter manned by a co-conspirator. The penalties imposed by the CA were in accordance with law: for Illegal Recruitment, an indeterminate penalty of 12 years and 1 day as minimum to 20 years as maximum and a fine of P1,000,000.00; for Trafficking in Persons, 15 years imprisonment and a fine of P500,000.00.