People v.

Ocden
Information
Illegal recruitment in Large Scale
Dolores Ocden
For a fee, recruit and promise employment as factory workers in Italy to more than
three (3) persons
Without said accused having first secured the necessary license or authority
Six (6) counts of Estafa
Defrauded Jeries Golidan, among others, by way of false pretenses, by convincing
the victim to give 70,000 and pretended she could secure a job for him abroad;
The accused knowing fully well that she is not (sic) authorized job recruiter for
persons intending to secure work abroad
Parted away the total sum of P70,000.00,
Tried jointly
Prosecution
3 witnesses : Manaa, Ferrer, and Julia Golidan (mother of Jeries and Howard Golidan)
Went to Ocden's house in Baguio City to apply for work as factory workers in Italy
Paid Placement fees of 70,000.00
Underwent medical examination
Sent to Zamboanga, as they were said to be transported to Malaysia where their visa
application would be processed.
Ocden is nowhere to be found.
As for Julia Folida,
She was the one who coordinated and paid for her sons placement fees.
Ocden
Denied.
Claimed to be also an applicant.
There was a certain Erlinda Ramos, who was the one recruiting her.
That Ocden only acted as middle person and as leader of all applicants.
Lending her house where Ramos can do seminars
Thus, received her co-applicants applications and documents, and placement fees
That she also filed case already against Ramos.

RTC
Ocden Guilty of Illegal Recruitment in Large Scale
Ocden Guilty of 3 counts of estate
CA
Armed with Modification on penalties
SC
1. Illegal Recruitment in Large Scale
a. Due to amendment of illegal recruitment definition as per RA 8042,
It is not necessary for the prosecution to present a certification that Ocden is a nonlicensee or non-holder of authority to lawfully engage in the recruitment and
placement of workers.
Section 6 of Republic Act No. 8042 enumerates particular acts which would
constitute illegal recruitment "whether committed by any person, whether a nonlicensee, non-holder, licensee or holder of authority."
Among such acts, is Section 6 (m) of Republic Act No. 8042, is the "[f]ailure to
reimburse expenses incurred by the worker in connection with his documentation and
processing for purposes of deployment, in cases where the deployment does not
actually take place without the worker's fault.
A certification on whether Ocden had a license to recruit or not, is inconsequential.
Ocden committed illegal recruitment
By receiving placement fees;
Then failing to reimburse or refund to the 3 complainants the amount paid,
when they were not able to leave
2. Golidan, the witness for the 3rd victims, being a mother of the said victims, can be
considered as credible witness
a. Golidan had personal knowledge of Ocden's illegal recruitment activities,
b. Had personal dealings with Ocden as Golidan assisted her sons, Jeries and Howard,
i. In completing the requirements for their overseas job applications
ii. In getting her sons back from Zamboanga
iii. In demanding refund of placement fees paid
3. That Ocden was also an applicant, is a self-serving and uncorroborated testimony.
4. That Manaa was not able to complete her testimony against Ocden,
a. It is true that the law does not require that at least three victims testify at the trial,
nevertheless, it is necessary that there is sucient evidence proving that the oense
was committed against three or more persons. In this case, there is conclusive
evidence that Ocden recruited Mana-a, Ferrer, and Golidan's sons, Jeries and
Howard,
Section 7 (b) of Republic Act No. 8042 prescribes a penalty of life imprisonment and a fine
of not less than P500,000.00 nor more than P1,000,000.00 if the illegal recruitment
constitutes economic sabotage.
5. As for the crime of Estafa, Armed conviction.
a. The elements of estafa are:
i. That the accused defrauded another by abuse of confidence or by means of deceit,
and
ii. That damage or prejudice capable of pecuniary estimation is caused to the

oended party or third person.

b. All elements are present.