The Supreme Court affirmed the conviction of Dominga Corrales Fortuna for illegal recruitment in large scale, emphasizing that individuals who deceive others with false promises of overseas employment and collect fees without proper authorization will be held accountable. The ruling reinforces the state’s commitment to protect vulnerable job seekers from exploitation by unscrupulous recruiters and economic sabotage. It serves as a warning to those who seek to profit from the dreams of Filipinos aspiring for a better life through overseas employment.

Dreams for Sale: When Good Intentions Mask Illegal Recruitment

Dominga Corrales Fortuna met Lina Ganot, Nenita Andasan, Angelyn Magpayo, and others at a Tupperware seminar in Cabanatuan City. Fortuna offered them job placements in Taiwan. These individuals, seeking better opportunities, paid Fortuna P5,400 each for processing fees and medical examinations. Weeks passed without any deployment, leading the complainants to realize that Fortuna was not authorized to recruit. The private complainants filed a complaint, leading to Fortuna’s indictment for illegal recruitment in large scale. The Regional Trial Court found Dominga Corrales Fortuna guilty, sentencing her to life imprisonment and a fine of P500,000.

The crime of illegal recruitment occurs when a person, not authorized by law, represents the ability to provide overseas work, convincing others to part with their money for the assurance of employment. In this case, the complainants’ testimonies clearly showed the commission of the offense. They testified that Fortuna offered them jobs in Taiwan, collected fees for processing, and failed to deliver on her promises. This is a blatant violation of recruitment laws.

The testimonies provided by the complainants, Lina Ganot, Angelyn Magpayo, and Nenita Andasan, convincingly outlined how Fortuna had misrepresented her capabilities, collected fees, and then failed to fulfill her promises of overseas employment. The court found the testimonies to be straightforward, credible, and convincing. There was no reason to doubt the credibility of their accounts. It’s not a reach to say that trial courts are better positioned to evaluate the credibility of witnesses.

“There is no showing that any of the complainants had ill-motives against accused Dominga Fortuna other than to bring her to the bar of justice. Furthermore, appellant was a stranger to private complainants before the recruitment. It is contrary to human nature and experience for persons to conspire and accuse a stranger of such a serious crime like this that would take the latter’s liberty and send him or her to prison. Against the prosecution’s overwhelming evidence, accused could only offer a bare denial and an obviously concocted story.”

A person charged with illegal recruitment can be convicted based on the strength of the complainants’ credible and convincing testimony. The absence of receipts for payments does not warrant an acquittal, as a receipt is not crucial to the prosecution’s case. Thus, in accordance with the relevant provisions of Republic Act No. 8042, also known as the Migrant Workers and Overseas Filipinos Act of 1995, it 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 of services, promising or advertising for employment abroad, whether for profit or not, when undertaken by a non-license 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.

This legal framework ensures that only licensed and authorized entities can engage in recruitment activities. It punishes those who exploit vulnerable individuals with false promises. This case highlights the importance of verifying the legitimacy of recruiters before engaging with them.

Republic Act No. 8042 imposes severe penalties for illegal recruitment. If the illegal recruitment involves economic sabotage, the penalty is life imprisonment and a fine of not less than P500,000. This underscores the gravity of exploiting job seekers. Considering the elements of the offense in this case have been sufficiently established by the prosecution, Fortuna’s conviction must stand.

As this Court sees it, each case has unique circumstances. That’s why criminal liability depends on particular factual circumstances. Provisions for a single penalty disregard these safeguards. So the President might see it fit to revisit Republic Act No. 8042 towards adopting the provisions of the Revised Penal Code on penalties.

FAQs

What is illegal recruitment?	Illegal recruitment involves unauthorized individuals or entities offering overseas employment for a fee, without the necessary licenses or authority.
What is illegal recruitment in large scale?	Illegal recruitment in large scale occurs when the illegal activities are committed against three or more persons individually or as a group.
What penalties are imposed for illegal recruitment in large scale?	The penalty is life imprisonment and a fine of not less than Five Hundred Thousand Pesos (P500,000.00) nor more than One Million Pesos (P1,000,000.00), especially if it constitutes economic sabotage.
Is a recruiter’s license required to offer overseas employment?	Yes, any person or entity offering overseas employment opportunities must possess the appropriate licenses and authorization from the government.
Can a conviction for illegal recruitment be based solely on the testimony of the victims?	Yes, a conviction can be based on the credible and convincing testimony of the victims, even without receipts or other documentary evidence.
What should job seekers do to avoid illegal recruitment?	Job seekers should verify the legitimacy of the recruiter by checking their license with the Department of Migrant Workers, and avoid paying excessive fees.
What is the role of the court in illegal recruitment cases?	The court evaluates the evidence presented and determines the guilt or innocence of the accused based on the applicable laws and the credibility of the witnesses.
What constitutes economic sabotage in illegal recruitment cases?	Economic sabotage occurs in illegal recruitment when the crime is committed in large scale, victimizing multiple individuals, and undermining the economic stability of the country.

This case serves as a reminder of the importance of vigilance and due diligence in seeking overseas employment opportunities. Individuals should always verify the credentials and legitimacy of recruiters to avoid falling victim to fraudulent schemes and exploitation.

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, APPELLEE, VS. DOMINGA CORRALES FORTUNA, APPELLANT., G.R. NO. 148137, January 16, 2003