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PEOPLE v. VS.ENGR. CARLOS GARCIA Y PINEDA

FACTS:

Accused-appellant Patricio Botero, together with Carlos P. Garcia and Luisa Miraples, were charged with the crime of illegal recruitment in large scale. The charge was based on their alleged recruitment and promise of job placement/employment abroad to several individuals without first securing the required license or authority from the Department of Labor and Employment. Six out of the sixteen complainants testified as prosecution witnesses, stating that they went to Ricorn Philippine International Shipping Lines, Inc., located in Mandaluyong, Metro Manila, to apply for overseas employment. Complainants claimed that they were required to submit various documents and pay a processing fee, but later discovered that Ricorn had abandoned its office and that the accused were nowhere to be found. They filed their complaints at the Mandaluyong Police Station and found out that Ricorn was not licensed by the Department of Labor and Employment. Accused Garcia and Botero pleaded not guilty, with Miraples remaining at large. Accused Garcia testified that he was asked to become the president of Ricorn and contribute a significant amount of money, but declined the offer as he was aware that Ricorn was not licensed. On the other hand, accused-appellant Botero testified that he became an employee of Ricorn and was responsible for following up on the processing of documents, but left when he discovered that Ricorn was not licensed. After trial, both accused were convicted of illegal recruitment in large scale and sentenced to life imprisonment.

ISSUES:

  1. Whether accused-appellant Patricio Botero is guilty of illegal recruitment in large scale.

  2. Whether the Regional Trial Court erred in convicting accused-appellant Patricio Botero.

RULING:

  1. The court found accused-appellant Patricio Botero guilty of illegal recruitment in large scale. The evidence presented by the prosecution, including the testimonies of the complainants, established that Botero had a role in the illegal recruitment scheme. He was involved in the processing of the complainants' documents and assured them of employment. The court also considered Botero's admission that he was an incorporator of Ricorn and his involvement in its operations. Thus, he was convicted of illegal recruitment under Article 38(b) and penalized under Article 39(a) of the Labor Code.

  2. The Regional Trial Court did not err in convicting accused-appellant Patricio Botero. The court found that the evidence presented by the prosecution, including the testimonies of the complainants, was sufficient to establish Botero's guilt beyond reasonable doubt. The court also considered his admission of being an incorporator of Ricorn and his involvement in its operations. Thus, the conviction was upheld.

PRINCIPLES:

  • Illegal recruitment in large scale is a crime under Article 38(b) of the Labor Code, as amended by Presidential Decree Nos. 1920 and 2018.

  • Illegal recruitment may be proved through the testimonies of witnesses, as well as other evidence presented by the prosecution.

  • Admission of being an incorporator of a recruitment agency and involvement in its operations may be used as evidence of guilt in illegal recruitment cases.