G.R. No. 257675 , February 13, 2023
People of the Philippines, Plaintiff-Appellee, vs. Cherryline Ramos y Garcia a.k.a. “Cherrylyn Chan Ramos” and “Cherryline Chan Ramos” and Susana Ojastro y Rabanal, a.k.a. “Susan Rabanal”, Accused-Appellants.

FACTS

Accused-appellants Cherryline Ramos and Susana Ojastro were charged with Large-Scale Illegal Recruitment under Republic Act No. 8042 , as amended. The Information alleged that in March 2015, in Dumaguete City, they conspired to engage in large-scale recruitment activities by enlisting, contracting, and promising overseas employment for a fee to Angelo Benlero Baccay, Rodel Hangas Calbog, and Rudilyn Quitoy Calbog without the required license or authority from the Department of Labor and Employment.
The prosecution presented the three private complainants. Angelo Baccay learned about recruitment for a restaurant in Singapore from Michael Nemenzo. After submitting documents, he was contacted by “Susan Rabanal” (Ojastro) and later met both appellants at McDonald’s. Ramos introduced herself as a restaurant manager and recruitment agency manager, while Ojastro was presented as a secretary. They offered him employment upon payment of processing fees. Angelo paid PHP 5,000.00 on March 10, 2015, receiving a petty cash voucher signed by both appellants. Growing suspicious, he verified with DOLE and discovered the appellants were not licensed recruiters. He then coordinated with the National Bureau of Investigation (NBI), which conducted an entrapment operation on March 30, 2015. During the entrapment, Angelo paid an additional PHP 6,000.00 in marked money, after which the appellants were arrested. The NBI recovered the marked money, petty cash vouchers, a logbook, and mobile phones.
Rodel Calbog learned about the recruitment from Ronald Du, a relative of Ramos. He was introduced to Ramos, who claimed to be a restaurant manager affiliated with four legitimate Manila agencies. She demanded a PHP 25,000.00 placement fee, with PHP 5,000.00 upfront for visa processing. On March 12, 2015, Rodel paid PHP 3,000.00 and received a petty cash voucher. He failed to pay the balance, so his application was not processed.
Rudilyn Calbog, Rodel’s sister, was also introduced to the appellants by Ronald Du. They promised her a waitress position in Singapore with a monthly salary of PHP 20,000.00 and free board and lodging. She submitted her application and requirements but could not pay the required PHP 5,000.00 fee, so her application was likewise not processed. She was present when Rodel made his payment.
The defense did not present evidence but filed a memorandum praying for acquittal. They argued the prosecution failed to prove they lacked the required license, noting that the POEA certification referred to “Cherrlyn Chan Ramos” and “Susan Rabanal,” not their exact names. They also claimed the large-scale element was absent as Rudilyn was not actually recruited since she paid no money and signed no contract.
The Regional Trial Court found them guilty beyond reasonable doubt and sentenced each to life imprisonment and a fine of PHP 1,000,000.00, plus restitution to Angelo and Rodel. The Court of Appeals affirmed the RTC judgment with modification, deleting the restitution order. The accused-appellants appealed to the Supreme Court.

ISSUE

Whether the Court of Appeals erred in affirming the conviction of accused-appellants for Large-Scale Illegal Recruitment.

RULING

The Supreme Court DENIED the appeal and AFFIRMED the Decision of the Court of Appeals with MODIFICATION. The appellants were found guilty beyond reasonable doubt of Large-Scale Illegal Recruitment.
The Court held that all elements of the crime were proven: (1) the accused-appellants undertook recruitment activities; (2) they did not have the required license or authority from the POEA; and (3) they committed the same against three or more persons individually or as a group.
On the first element, the appellants engaged in recruitment by promising employment in Singapore to Angelo, Rodel, and Rudilyn in exchange for fees, which constitutes recruitment and placement under the law. The fact that Rudilyn did not pay any fee is immaterial; the law punishes the act of promising or offering employment for a fee, and her application was processed upon submission of requirements.
On the second element, the POEA certification stating that “Cherrlyn Chan Ramos” and “Susan Rabanal” were not licensed or authorized was sufficient. The variance in the spelling of Ramos’s first name was inconsequential, as it referred to the same person, and alias names are recognized in legal proceedings. The defense’s claim that a more extensive query was needed was rejected.
On the third element, the large-scale nature was established by the recruitment of three persons: Angelo, Rodel, and Rudilyn. The number of victims is what constitutes large-scale illegal recruitment.
The defense of denial could not prevail over the positive and categorical testimonies of the victims, which were consistent and credible. The defense also failed to rebut the presumption of regularity in the performance of official duty by the NBI agents who conducted the entrapment.
The penalty of life imprisonment and a fine of PHP 1,000,000.00 each was affirmed. However, the Court modified the CA decision by reinstating the RTC’s order for the accused-appellants to jointly and severally return the amounts received from Angelo Baccay (PHP 5,000.00) and Rodel Calbog (PHP 3,000.00) with legal interest, pursuant to the civil liability arising from the crime.