GR 96621; (October, 1992) (Digest)
G.R. No. 96621 October 21, 1992
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JOEY BODOZO y BULA, and NIMFA BODOZO y NERI, accused-appellant.
FACTS
Accused-appellants Joey Bodozo and Nimfa Bodozo, husband and wife, were charged with Illegal Recruitment in Large Scale (Criminal Case No. 89-73608) and five counts of Estafa. They were acquitted of Estafa but convicted of Illegal Recruitment by the Regional Trial Court and sentenced each to Life Imprisonment and a fine of P100,000.00. The prosecution evidence established that in Luna, La Union, accused Nimfa Bodozo told the private complainants (Prudencio Renon, Fernando Gagtan, Angelino Obiacoro, Ludovico Gagtan, and Domingo Obiacoro), who were unemployed farmers, that she was recruiting workers for Saudi Arabia and Singapore. She required them to submit application forms, NBI clearances, passports, and medical certificates. She promised specific salaries and demanded and received various sums as processing and placement fees from them, issuing receipts for some payments. A certification from the Philippine Overseas Employment Administration (POEA) confirmed that accused-appellants were neither licensed nor authorized to recruit workers for overseas employment.
ISSUE
Whether the guilt of the accused-appellants for the crime of Illegal Recruitment in Large Scale has been proven beyond reasonable doubt.
RULING
Yes. The Supreme Court affirmed the conviction. The crime of illegal recruitment has two elements: (1) the offender is a non-licensee or non-holder of authority to lawfully engage in recruitment, and (2) the offender undertakes any recruitment activity defined under Article 13(b) of the Labor Code. Both elements were proven. The POEA certification proved the lack of license or authority. The acts of accused-appellants—canvassing, promising employment abroad, requiring submission of documents, and collecting fees—constitute recruitment activities. Their claim that they merely helped the complainants apply was belied by the evidence and their issuance of receipts for the fees collected. The crime is qualified as large scale (committed against three or more persons), warranting the penalty of life imprisonment and a fine under Article 39 of the Labor Code. The trial court’s findings were accorded respect, and no improper motive was shown to impugn the complainants’ testimonies.