5 - People V Dela Cruz

People v. Dela Cruz, G.R. No.
214500, June 28, 2017, 828 SCRA 351 (PERALTA)
FACTS: Michelle Dela Cruz, accused-appellant was charged with illegal recruitment in large scale and
three (3) counts of estafa under Article 315, paragraph 2(a) of the Revised Penal Code. Sometime from
September 21, 2004 to February 18, 2005, Dela Cruz recruited Aguilar-Uy, Reformado, and Lavaro,
complainants for an overseas job as domestic helper in South Korea. However, Dela Cruz, is not being
authorized by the POEA of the DOLE to recruit workers overseas employment.
The said complainants paid and delivered the total amount of Php 300,000.00 as processing fees for the
requirements needed to work on the said country. The accused failed to deploy the complainants and
thus the complainants requested to reimburse/return the amount which complainants paid as processing
fees.
Meanwhile, prosecution witness, Rosales testified that as per Certification issued POEA, appellant Dela
Cruz is not authorized to recruit workers for overseas employment during the year 2005 up to the present.
Dela Cruz testified that prior to her arrest, she has worked in South Korea as an OFW. She alleged that
private complainants were introduced to her by a certain Alma Palomares, who was also an OFW in
South Korea. Thereafter, private complainants asked her the necessary requirements for them to be able
to work in South Korea. Appellant denied that she promised private complainants any deployment abroad.
She claimed that she just told them to secure the needed documents. On cross-examination, Dela Cruz
admitted that she was able to received money from the complainants. Appellant likewise admitted that the
documents which she produced for private complainants were all fake.
With this, the RTC found the accused-appellant guilty of the crime of illegal recruitment in large scale and
estafa.
Appellant appealed the trial court's decision before the Court of Appeals. Appellant avers that she cannot
be held criminally liable for illegal recruitment because she merely assisted private complainants in
processing their travel documents without any promise of employment. She asserts that the prosecution
failed to establish whether she actually undertook any recruitment activity or any prohibited practice
enumerated under Art. 13 (b) or Art. 34 of the Labor Code. It was denied due to lack of merit.
ISSUE: WON dela Cruz is guilty for illegal

recruitment?
HELD: Yes, the crime of illegal recruitment is defined and penalized under Sections 6 and 7 of Republic
Act (R.A.) No. 8042, or the Migrant Workers and Overseas Filipinos Act of 1995, as follows:
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 xxx
Illegal recruitment is deemed committed by a syndicate if carried out by a group of three (3) or more
persons conspiring or confederating with one another. It is deemed committed in large scale if committed
against three (3) or more persons individually or as a group.
Thus, in order to hold a person liable for illegal recruitment, the following elements must concur: (1) the
offender undertakes any of the activities within the meaning of "recruitment and placement" under Article
13(b) of the Labor Code, or any of the prohibited practices enumerated under Article 34 of the Labor
Code (now Section 6 of Republic Act No. 8042) and (2) the offender has no valid license or authority
required by law to enable him to lawfully engage in recruitment and placement of workers. In the case of
illegal recruitment in large scale, as in this case, a third element is required: that the offender commits any
of the acts of recruitment and placement against three or more persons, individually or as a group.
In the instant case, appellant committed the acts enumerated in Section 6 of R.A. 8042. As testified to by
Aguilar-Uy, Reformado and Lavaro, appellant gave them an impression that she is capable of sending
them to South Korea as domestic helpers. The testimonial evidence presented by the prosecution clearly
shows that, in consideration of a promise of overseas employment, appellant received monies from
private complainants.

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People v. Dela Cruz, G.R. No.

214500, June 28, 2017, 828 SCRA 351 (PERALTA)

ISSUE: WON dela Cruz is guilty for illegal

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