The Supreme Court affirmed that Fe Abella was guilty of illegal recruitment in large scale, emphasizing that offering overseas employment for a fee without the necessary license is a serious offense. The ruling reinforces protections for vulnerable individuals seeking overseas work, holding individuals accountable even if they act through intermediaries or claim to be mere employees of an unauthorized recruitment agency.

Beyond Cashier Duties: Unmasking Illegal Recruitment in Large Scale

This case examines the extent of liability for individuals involved in unauthorized recruitment activities for overseas employment. The central question is whether Fe Abella, despite claiming to be a mere cashier, could be held responsible for illegal recruitment in large scale when she allegedly promised jobs abroad to multiple individuals in exchange for placement fees, without possessing the required license from the Department of Labor and Employment (DOLE).

The prosecution presented evidence that Abella, operating under the business name Rofema Business Consultancy (RBC), offered jobs in Istanbul, Turkey to Imelda Miguel, Grace Marcelino, and Fernando Callang, in exchange for placement fees. These complainants testified that they were introduced to Abella through intermediaries, and that Abella herself detailed the job opportunities, salary, and required fees. The Philippine Overseas Employment Administration (POEA) certified that neither Abella nor RBC had a license to recruit workers for overseas employment. This certification is critical because, according to Section 23, Rule 132 of the Rules of Court, it is a prima facie evidence of the facts stated therein.

Abella countered that she was merely a cashier at RBC, receiving payments from clients and issuing vouchers, but had no role in recruitment. However, the court noted the absence of any corroborating evidence of her employment, such as appointment papers or payslips. The vouchers issued to the complainants bore Abella’s signature, without any indication that she was acting on behalf of another person. These details of the case highlight how crucial it is to adhere to legal regulations regarding labor and how the state strongly regulates recruitment of workers.

The Supreme Court referenced Article 13(b) of the Labor Code, which defines “recruitment and placement” broadly as “any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers, and includes referrals, contract services, promising or advertising for employment, locally or abroad, whether for profit or not.” The court also cited Article 38 of the same Code, which defines “illegal recruitment” in cases when the act is carried out by non-licensees. These provisions emphasize the wide net cast by the law to capture various activities related to recruiting workers for employment.

ART. 38. Illegal Recruitment. – (a) Any recruitment activities, including the prohibited practices enumerated under Article 34 of this Code, to be undertaken by non-licensees or non-holders of authority, shall be deemed illegal and punishable under Article 39 of this Code. The Department of Labor and Employment or any law enforcement officer may initiate complaints under this Article.

The Court emphasized that the elements of illegal recruitment in large scale were present: Abella lacked a valid license, engaged in recruitment activities, and committed these acts against three or more persons. The court underscored the importance of the trial court’s assessment of witness credibility, noting that Abella’s denial could not prevail over the positive testimonies of the complainants. The Court of Appeals also took into account that the accused failed to prove that she was in fact working under Elizabeth Reyes. Instead of presenting substantial evidence such as appointment papers, Abella anchored her defense purely on denial which the court did not give credence to.

The Court of Appeals found the accused guilty beyond reasonable doubt of illegal recruitment in large scale and the Supreme Court agreed. The court found that the accused violated Section 6 of Republic Act No. 8042 or the Migrant Workers and Overseas Filipinos Act of 1995 which 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, whether committed by any person, whether a non-licensee, non-holder, licensee or holder of authority:

The Supreme Court affirmed the Court of Appeals’ decision, upholding the conviction for illegal recruitment in large scale and the imposed penalty of life imprisonment and a fine of P500,000.00. This ruling serves as a stern warning to individuals involved in unauthorized recruitment activities. It highlights the legal consequences of exploiting vulnerable individuals seeking overseas employment and shows the extent the law will protect the citizens against illegal recruiters. By doing so, citizens are assured of the safeguards afforded to them.

FAQs

What is illegal recruitment in large scale?	It involves engaging in recruitment activities without a valid license or authority, targeting three or more individuals, making it an offense considered economic sabotage.
What are the penalties for illegal recruitment in large scale?	The penalties include life imprisonment and a fine of not less than Five hundred thousand pesos (P500,000.00) nor more than One million pesos (PI,000,000.00).
What is the role of the POEA in overseas recruitment?	The POEA regulates and licenses agencies involved in overseas recruitment to ensure compliance with legal standards and protect the rights of Filipino workers.
Can a person be convicted of illegal recruitment even if they claim to be an employee of an unauthorized agency?	Yes, individuals can be held liable if they actively participate in recruitment activities, such as promising employment and collecting fees, without the required license.
What evidence is needed to prove illegal recruitment?	Evidence may include testimonies from victims, documents showing promises of employment, and certifications from the POEA confirming the lack of a recruitment license.
What should someone do if they suspect they are being targeted by an illegal recruiter?	They should report the incident to the POEA or local law enforcement agencies and gather any evidence of the recruiter’s activities, such as promises of employment or receipts of payment.
How does Republic Act No. 8042 protect migrant workers?	It broadens the definition of illegal recruitment, increases penalties for offenders, and provides additional protections for Filipino workers seeking overseas employment.
Is a photocopy of an agreement enough to prove promises of overseas employment?	While the original document is preferred, a photocopy can be admitted as evidence, especially when supported by testimonial evidence confirming the agreement’s terms.
What should OFWs do if problems arise in their place of work?	Overseas Filipino Workers should contact the Philippine Embassy to ask for help when problems arise in their respective workplaces.

This case highlights the importance of due diligence when seeking overseas employment. Individuals should verify the legitimacy of recruitment agencies and be wary of individuals promising jobs for a fee without proper authorization. The legal system continues to act as a safeguard to citizens who plan to work overseas.

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 OF THE PHILIPPINES, VS. FE ABELLA Y BUHAIN, G.R. No. 195666, January 20, 2016