G.R. No. 96277 -82 December 2, 1992
People of the Philippines, plaintiff-appellee, vs. Abelardo C. Avendaño, accused-appellant.

FACTS

Six separate informations for Illegal Recruitment were filed against appellant Abelardo Avendaño, Treasurer of MCBRAJ Agro-Industrial Development Company (MAINDECO), and his co-accused Carmelito Soriano, Jr. (President), Manuel Calanog, and Renato M. Soriano, who remained at large. The informations alleged that, between 1984 and 1987 in Malabon, Metro Manila, the accused, conspiring and representing themselves as having the capacity to contract, enlist, and transport workers for employment abroad, willfully, unlawfully, and feloniously recruited and promised employment/job placement abroad to a total of 38 individuals for a fee, without first securing the required license or authority from the Department of Labor and Employment. The victims applied for jobs in Papua, New Guinea, submitted required documents, and paid placement fees ranging from P4,000 to P5,500 to Avendaño, who assured them of departure within a specified period (e.g., 90 days, three to six months). The promised employment did not materialize even after long waits. Receipts issued indicated payments as “trust deposit for one unit of share” in the company, which were later exchanged for certificates of common share, making some complainants stockholders. Avendaño pleaded not guilty, and the cases were consolidated for trial. He claimed MAINDECO was a legitimate corporation engaged in construction and a proposed joint venture in Papua, New Guinea, and that he merely received payments as Treasurer, denying he promised jobs to the complainants.

ISSUE

Whether the trial court correctly convicted appellant Abelardo Avendaño of Illegal Recruitment, both in large scale/syndicated and simple forms.

RULING

Yes, the trial court’s decision is affirmed. The Supreme Court held that the elements of illegal recruitment are present: (1) the accused undertook recruitment activities, and (2) he did not have the required license or authority from the Department of Labor. Avendaño’s acts of soliciting fees and promising overseas employment constituted recruitment and placement under Article 13(b) of the Labor Code. His defense that he merely received payments as Treasurer and that MAINDECO was a legitimate corporation selling shares is unavailing, as the evidence shows he actively participated in the recruitment scheme. The crimes were classified as follows: In Criminal Case Nos. 6113-MN, 6114-MN, and 6125-MN, where Avendaño acted in conspiracy with his co-accused to victimize three or more persons per case (specifically three, three, and five victims, respectively), the crimes constituted illegal recruitment by a syndicate (under Article 38 of the Labor Code), which is an offense involving economic sabotage punishable by life imprisonment and a fine of P100,000 under Article 39(a). In Criminal Case Nos. 6131-MN (two victims), 6143-MN (one victim), and 6148-MN (one victim), the crimes were simple illegal recruitment penalized under Article 39(c) with imprisonment of four to eight years and a fine. The penalties imposed by the trial court were in accordance with law.