G.R. No. 95207 -17 January 10, 1994
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ENRIQUE TAGUBA AND MIRAFE TAGUBA, accused-appellants.

FACTS

Accused-appellants Enrique Taguba and Mirafe Taguba were charged with eight counts of illegal recruitment and three counts of estafa in Caloocan City. The complainants testified that the appellants, on separate occasions, promised them employment in Korror, Palau, in various jobs upon payment of specified sums ranging from P2,200.00 to P20,000.00. The complainants paid these amounts but, except for two who were later deported, none were employed abroad. At trial, Enrique Taguba claimed he had a special power of attorney from RAY/DECO, a licensed recruitment corporation, authorizing him to recruit. Mirafe Taguba claimed she was abroad as a domestic helper during the alleged commission of the crimes. The Regional Trial Court found them guilty on all counts, sentencing them to reclusion perpetua and a fine for illegal recruitment on a grand scale, and imprisonment for estafa, plus reimbursement to the complainants.

ISSUE

1. Whether the prosecution proved the appellants were not licensed recruiters, an essential element of illegal recruitment.
2. Whether the penalty of life imprisonment under P.D. 2018 for illegal recruitment on a large scale was applicable at the time of the commission of the crimes.
3. Whether there was sufficient evidence to convict the appellants of estafa.

RULING

1. On the Proof of Non-Possession of License: The prosecution initially failed to prove the appellants lacked a recruitment license, which is an essential element of the crime. However, this flaw was remedied when appellant Enrique Taguba himself testified that his only authority was a special power of attorney from RAY/DECO. The Court ruled this document did not constitute a license to recruit on his own behalf; it only authorized him to represent the agency in negotiations. Therefore, the element of non-possession was established.
2. On the Applicable Penalty: The Court agreed with the appellants that P.D. 2018, which imposed life imprisonment for illegal recruitment on a large scale, was not yet effective when most of the crimes were committed, as it was published only on February 10, 1986. Only two complainants were recruited after this date. Consequently, the appellants could not be convicted of illegal recruitment on a large scale under P.D. 2018. Instead, they were guilty of eight separate counts of simple illegal recruitment under Article 39(c) of the Labor Code.
3. On the Estafa Charges: The Court found the appellants’ representations that they could secure overseas employment for a fee constituted deceit. The complainants parted with their money based on these false promises, which were not fulfilled, causing them damage. The testimony of one complainant that the appellants did not claim to have a permit did not negate the fact that they falsely represented having the capacity to recruit.
DISPOSITIVE PORTION:
The appealed decision was AFFIRMED with modifications:
(1) For each of the 8 counts of illegal recruitment, the appellants were sentenced to 4 to 8 years imprisonment and a fine of P50,000.00, plus reimbursement to the complainants (with Manuel Aquiban’s amount reduced to P6,000.00).
(2) For each of the 3 counts of estafa, the appellants were sentenced to 2 years, 11 months, and 10 days of prision correccional as minimum, to 6 years, 8 months, and 20 days of prision mayor as maximum, plus reimbursement.