People V Matheus

14. People v Matheus the police.
Alayon proceeded to the police station and demanded from the

G.R. No. 198795 accused-appellant the return of her money. She filed a complaint against
June 7, 2019 accused-appellant, docketed as Criminal Case No. Q-03-119665.
By:
Topic: Illegal Recruitment Merceditas was further charged by 3 more people for Illegal Recruitment and
Petitioners: The People estafa, totalling to 5 charges. (Duldulao, Bagay and Guillarte)
Respondents: Merceditas Matheus Delos Reyes
Ponente: J. Tijam Merceditas contends that she is not liable for Illegal Recruitment and for
Estafa. She predicates her defense on the fact that she never met these
Doctrine: The offense of illegal recruitment in large scale has the following people and that there are no receipts to prove the alleged fees collected.
elements: (l} the person charged undertook any recruitment activity as
defined under Section 6 of RA 8042; (2) accused did not have the license or
the authority to lawfully engage in the recruitment of workers; and, (3) Issues:
accused committed the same against three or more persons individually or
as a group. 1. (Main issue) W/N Merceditas is liable for Illegal Recruitment (Yes)
Facts:
Ruling:
On January 15, 2003, Suratos went to an office in Cubao, Quezon City where
she met Merceditas, who promised her a job in Cyprus as a caretaker. She Yes. The offense of illegal recruitment in large scale has the following
returned to the accused’s office a month later. The accused-appellant gave elements: (l} the person charged undertook any recruitment activity as
her a machine copy of her visa to prove that there was a good job waiting for defined under Section 6 of RA 8042; (2) accused did not have the license or
her in Cyprus and that she would leave in three months upon payment. the authority to lawfully engage in the recruitment of workers; and, (3)
Suratos gave the accused-appellant an amount totaling to PhP55,000, accused committed the same against three or more persons individually or
inclusive of her passport and medical examination report. After three months, as a group.
Suratos became suspicious. She demanded the return of her money, but the
accused-appellant simply told her to wait. A month later, Suratos learned that First, the RTC found accused-appellant to have undertaken recruitment
the accused-appellant was already detained and could no longer deploy her activity when she promised the private complainants overseas employment
abroad. She filed a complaint for illegal recruitment docketed as Criminal for a fee. This factual finding was affirmed by the CA, Private complainants
Case No. Q-03-119663. positively identified appellant as the person who asked money from them in
consideration for their deployment abroad. She impressed on complainants
Sometime in the third week of March 2003, Alayon met the accuseda that she had the power or ability to send them abroad for employment so
ppellant at the All Care Travel Agency located at 302 Escueta Bldg., Cubao, much so that the latter got convinced to part with their money in exchange
Quezon City. Accused-appellant offered her a job in Cyprus as a part of the therefor. Illegal recruiters need not even expressly represent themselves to
laundry staff and asked her to pay the total amount of PhP55,000, to submit the victims as persons who have the ability to send workers abroad. It is
her resume and transcript of records, among others, and promised to deploy enough that these recruiters give the impression that they have the ability to
her abroad by June. On April 10, 2003, Alayon initially paid PhP15,000 to enlist workers for job placement abroad in order to induce the latter to tender
the accused-appellant. When she returned to accusedappellant's office to payment of fees
pay the balance, she learned that accused- appellant had been picked up by
Second, the March 1, 2004 Certification issued by the Philippine Overseas
Employment Administration unmistakably reveals that the accused-appellant
neither had a license nor authority to recruit workers for overseas
employment. Notably, instead of assailing the certification, she admitted
during the pre-trial that she did not have a license or authority to lawfully
engage in recruitment and placement of workers
Third, it was established that there were five complainants, i.e., Suratos,
Guillarte, Alayon, Bagay, Jr., and Duldulao.
Disposition :
WHEREFORE, premises considered, the March 7, 2011 Decision of the

Court of Appeals in CA-G.R. CR. H.C. No. 03737, which affirmed the
November 26, 2008 Joint Decision of the Regional Trial Court, Branch 218
of Quezon City, in Criminal Case Nos. Q-03-119663-69, finding appellant
Merceditas Matheus y Delos Reyes GUILTY beyond reasonable doubt of
five counts of Estafa and one count of Large Scale Illegal Recruitment under
R.A. No. 8042, otherwise known as Migrant Workers and Overseas Filipino
Act of 1995 is hereby AFFIRMED

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14. People v Matheus the police.

Alayon proceeded to the police station and demanded from the

WHEREFORE, premises considered, the March 7, 2011 Decision of the

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