In People v. Salvatierra, the Supreme Court affirmed the conviction of Mildred Salvatierra for illegal recruitment in large scale and multiple counts of estafa. The Court found that Salvatierra misrepresented her ability to deploy workers to South Korea, collected fees without the necessary licenses, and failed to deliver on her promises, thereby defrauding multiple individuals. This decision reinforces the legal protection for Filipinos seeking overseas employment and highlights the severe consequences for those who exploit such opportunities through deceit.

False Hopes and Empty Pockets: When Overseas Dreams Turn Into Nightmares

The case revolves around Mildred Salvatierra, who presented herself as a recruiter capable of sending Filipino workers to South Korea. From March to October 2004, Salvatierra collected substantial fees from several individuals, promising them factory jobs abroad. However, neither Salvatierra nor the agency she claimed to represent, Llanesa Consultancy Services, possessed the required licenses to engage in overseas recruitment. The victims, after paying significant amounts, were never deployed and their money was not returned. This led to Salvatierra facing charges for illegal recruitment in large scale and multiple counts of estafa.

The legal framework for this case is rooted in Republic Act No. 8042, also known as the Migrant Workers and Overseas Filipinos Act of 1995, which defines and penalizes illegal recruitment. Section 6 of RA 8042 states:

SEC. 6. Definition. – For purposes of this Act, illegal recruitment shall mean any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers, and includes referring, contract services, promising or advertising for employment abroad, whether for profit or not, when undertaken by a non-licensee or non-holder of authority contemplated under Article 13 (f) of Presidential Decree No. 442, as amended, otherwise known as the Labor Code of the Philippines: Provided, That any such non-licensee or non-holder who, in any manner, offers or promises for a fee employment abroad to two or more persons shall be deemed so engaged. It shall likewise include the following acts, x x x:

Illegal recruitment is considered to be in large scale if committed against three or more persons, individually or as a group. In Salvatierra’s case, the prosecution successfully argued that she engaged in illegal recruitment by misrepresenting her ability to deploy workers abroad, collecting fees without proper authorization, and failing to fulfill her promises to at least five individuals. This qualified her actions as illegal recruitment in large scale, an offense that carries severe penalties.

Adding to her legal woes, Salvatierra was also charged with estafa under Article 315 (a) of the Revised Penal Code (RPC). The elements of estafa are (a) that the accused defrauded another by abuse of confidence or by means of deceit, and (b) that damage or prejudice capable of pecuniary estimation is caused to the offended party or third person. The Court found that Salvatierra defrauded the victims by falsely representing her capacity to deploy them to South Korea, inducing them to part with their money. Because the promised employment never materialized and the money was not returned, the victims suffered damages, thereby satisfying the elements of estafa.

During the trial, Salvatierra presented a defense of denial, claiming she was merely an applicant herself and a victim of Llanesa Consultancy. She denied transacting with the victims and stated she was shocked when NBI agents invited her while she was attending mass. However, the RTC and CA found her claims unconvincing. The prosecution presented overwhelming evidence, including receipts and petty cash vouchers signed by Salvatierra, as well as testimonies from the victims who identified her as the person who made the false representations and received their payments. Moreover, Salvatierra was caught in an entrapment operation while receiving additional money from the victims, further solidifying her guilt.

The Court of Appeals (CA) affirmed the Regional Trial Court’s (RTC) decision, with modifications to the penalties imposed. The Supreme Court, in its review, agreed with the CA’s findings on Salvatierra’s guilt for both illegal recruitment and estafa. However, the Supreme Court adjusted the penalties to align with the Indeterminate Sentence Law, ensuring that the minimum and maximum terms of imprisonment were appropriately calculated based on the amounts defrauded.

The penalties for illegal recruitment in large scale, considered an offense involving economic sabotage, include life imprisonment and a fine ranging from P500,000.00 to P1,000,000.00. For estafa, the penalty is based on the amount defrauded. Article 315 of the RPC dictates that if the amount exceeds P22,000.00, the penalty shall be imposed in its maximum period, with an additional year for each additional P10,000.00, provided that the total penalty does not exceed 20 years.

In light of these considerations, the Supreme Court affirmed Salvatierra’s conviction. The Court sentenced her to life imprisonment and a fine of P500,000.00 for illegal recruitment in large scale. Additionally, for the multiple counts of estafa, she received varying indeterminate penalties, with minimum terms of 4 years and 2 months of prision correccional and maximum terms ranging from 8 years, 8 months, and 21 days to 12 years, 8 months, and 21 days of reclusion temporal, depending on the amount defrauded in each case. She was also ordered to indemnify each victim for the amounts they had lost.

This ruling underscores the judiciary’s commitment to protecting vulnerable individuals from fraudulent recruitment schemes. The conviction of Salvatierra serves as a stern warning to those who seek to exploit Filipinos’ aspirations for overseas employment through deceit and misrepresentation. The Supreme Court’s decision reinforces the importance of due diligence and verification when engaging with recruitment agencies, and emphasizes the severe consequences for those who violate the law and prey on the hopes of others.

FAQs

What was the key issue in this case?	The key issue was whether Mildred Salvatierra was guilty of illegal recruitment in large scale and multiple counts of estafa for misrepresenting her ability to deploy workers to South Korea and collecting fees without the necessary licenses. The Supreme Court affirmed her conviction on both charges.
What is illegal recruitment in large scale?	Illegal recruitment in large scale occurs when a person, without the necessary license or authority, engages in recruitment activities against three or more individuals. This is considered a form of economic sabotage and carries a severe penalty.
What are the elements of estafa?	The elements of estafa are (a) that the accused defrauded another by abuse of confidence or by means of deceit, and (b) that damage or prejudice capable of pecuniary estimation is caused to the offended party or third person. In this case, Salvatierra deceived the victims into believing she could deploy them abroad, causing them financial loss.
What penalties did Salvatierra receive?	Salvatierra was sentenced to life imprisonment and a fine of P500,000.00 for illegal recruitment in large scale. For the estafa charges, she received varying indeterminate penalties, with minimum terms of 4 years and 2 months of prision correccional and maximum terms ranging from 8 to 12 years, depending on the amount defrauded in each case.
What evidence was used to convict Salvatierra?	The evidence included receipts and petty cash vouchers signed by Salvatierra, testimonies from the victims identifying her as the recruiter, and the fact that she was caught in an entrapment operation while receiving additional money. It was also certified that neither Salvatierra nor Llanesa Consultancy Services were licensed to recruit workers.
What is the significance of this case?	This case highlights the judiciary’s commitment to protecting vulnerable individuals from fraudulent recruitment schemes. It serves as a warning to those who exploit Filipinos’ aspirations for overseas employment through deceit and misrepresentation.
What is the Indeterminate Sentence Law?	The Indeterminate Sentence Law requires courts to impose a minimum and maximum term of imprisonment, rather than a fixed term. This allows for parole eligibility and encourages rehabilitation.
How did the Supreme Court modify the penalties?	The Supreme Court adjusted the penalties to align with the Indeterminate Sentence Law, ensuring that the minimum and maximum terms of imprisonment were appropriately calculated based on the amounts defrauded in each estafa case. The minimum was set to 4 years and 2 months of prision correccional in all estafa cases.

The Supreme Court’s decision in People v. Salvatierra underscores the importance of vigilance and due diligence when seeking overseas employment. Aspiring migrant workers should verify the legitimacy of recruitment agencies and individuals before paying any fees. This case reaffirms the state’s commitment to protecting its citizens from exploitation and fraud in the pursuit of employment opportunities abroad.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: People v. Salvatierra, G.R. No. 200884, June 04, 2014