SECOND DIVISION
[G.R. No. 239140. March 6, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.DENNIS TABERNA, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 06 March 2019which reads as follows:
"G.R. No. 239140 — PEOPLE OF THE PHILIPPINES, plaintiff-appellee, versus DENNIS TABERNA, accused-appellant.
After a careful review of the records of the case and the issues submitted by the parties, the Court finds the appeal to be lacking merit. The facts, as borne out by the records, sufficiently support the conclusion that accused-appellant is indeed guilty of the crime of Illegal Recruitment in Large Scale. The issues and matters raised before the Court, the same ones as those raised in the Court of Appeals (CA), there being no supplemental briefs filed, were sufficiently addressed and correctly ruled upon by the CA.
Illegal Recruitment in Large Scale is committed by a person who: (a) undertakes any recruitment activity defined under Article 13 (b) or any prohibited practice enumerated under Article 34 and Article 38 of the Labor Code; (b) does not have a license or authority to lawfully engage in the recruitment and placement of workers; and (c) commits the same against three or more persons, individually or as a group. 1 "[R]ecruitment and placement refers to any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers, including referrals, contract services, promising or advertising for employment, locally or abroad, whether for profit or not, provided that any person or entity which, in any manner, offers or promises for a fee employment to two or more persons shall be deemed engaged in recruitment and placement." 2
The Court agrees with the RTC 3 and the CA 4 that the prosecution was able to prove beyond reasonable doubt all the elements of the crime of Illegal Recruitment in Large Scale. It is undisputed that accused-appellant does not have the license or authority from the Philippine Overseas Employment Administration (POEA) to recruit and deploy workers abroad; and despite not having any authority from POEA, accused-appellant committed acts of recruitment against at least three (3) persons. aScITE
Accused-appellant's insistence that he had very limited participation in the recruitment of complainants and did not benefit from the fees paid by them is belied by the positive and straightforward testimonies of the prosecution witnesses. Accused-appellant was categorically identified by the four (4) private complainants as the one who promised them with jobs abroad, particularly in the United States; impressed upon them that upon payment of the placement fee, they would be deployed for work overseas; but reneged on his promise and failed to deploy private complainants for work overseas despite payment of the fees. Worse, accused-appellant also failed to refund their monies despite promising to return them.
Moreover, in People v. Bayker, 5 the Court has ruled that "[e]ven the mere employee of a company or corporation engaged in illegal recruitment could be held liable, along with the employer, as a principal in illegal recruitment once it was shown that he had actively and consciously participated in illegal recruitment x x x because recruitment and placement include any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers, as well as referrals, contract services, promising or advertising for employment, locally or abroad, whether for profit or not." 6
As regards the penalty, the RTC and the CA correctly imposed the penalty of life imprisonment and a fine of P500,000.00 in accordance with Section 7 (b) 7 in relation to Section 6 (m) 8 of Republic Act No. 8042.
WHEREFORE, the Court ADOPTS the findings of facts of the trial court as affirmed by the Court of Appeals. The appeal is DISMISSED. The assailed April 4, 2017 Decision of the Court of Appeals in CA-G.R. CR HC No. 08188 which affirmed the February 10, 2016 Joint Decision of the Regional Trial Court, Branch 214 of Mandaluyong City, finding accused-appellant Dennis Taberna guilty of Illegal Recruitment in Large Scale in Criminal Case No. MC09-12362, is hereby AFFIRMED.
SO ORDERED. (PERLAS-BERNABE, J., on wellness leave; HERNANDO, J., designated additional Member per S.O. No. 2630 dated December 18, 2018)"
Very truly yours,
(SGD.) MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1. See People v. Racho, G.R. No. 227505, October 2, 2017, 841 SCRA 449, 462; People v. Bayker, 780 Phil. 489, 502 (2016); LABOR CODE, Art. 38.
2.People v. Fernandez, 735 Phil. 340, 344-345 (2014); Republic Act No. (RA) 8042, Sec. 6.
3. See Joint Decision dated February 10, 2016 of the Regional Trial Court of Mandaluyong City, Branch 214 in Crim. Case Nos. MC09-12356 to 61, MC09-12363 to 64 and MC09-12362, penned by Presiding Judge Imelda L. Portes-Saulog; CA rollo, pp. 53-72.
4. See Decision dated April 4, 2017 of the Court of Appeals in CA-G.R. CR HC No. 08188, penned by Associate Justice Franchito N. Diamante and concurred in by Associate Justices Japar B. Dimaampao and Zenaida T. Galapate-Laguilles; rollo, pp. 2-18.
5.Supra note 1.
6.Id. at 503-504.
7. SECTION 7. Penalties. —
(a) Any person found guilty of illegal recruitment shall suffer the penalty of imprisonment of not less than six (6) years and one (1) day but not more than twelve (12) years and a fine of not less than Two hundred thousand pesos (P200,000.00) nor more than Five hundred thousand pesos (P500,000.00).
(b) The penalty of 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) shall be imposed if illegal recruitment constitutes economic sabotage as defined herein.
8. SECTION 6. Definition. — x x x
xxx xxx xxx
(m) x x x Illegal recruitment when committed by a syndicate or in large scale shall be considered an offense involving economic sabotage.