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TOPIC: SIMPLE ILLEGAL RECRUITMENT ELEMENTS

PEOPLE vs. BAYKER


G.R. No. 170192
10 February 2016

PEOPLE OF THE PHILIPPINES,


plaintiff-appellee
vs
MARISSA BAYKER,
accused-appellant

Appeal from CA decision


Justice Bersamin

FACTS:
Accused-appellant Bayker together with 2 others (Nida Bermudez & Lorenz Langreo), illegally recruited the
complainants: Basilio Miparanum, Virgilio Canazares and Reynaldo Dahab for an overseas job abroad. Complainants
paid the amount of P52,000.00, P10,000.00 and P5,000.00 respectively for the processing of their papers.
o Based on their testimony, the accused-appellant represented herself to be recruiting workers for hotel
porters in Canada, then said that they were to be recruited as seamen in HK . Then after giving their
payment for medical examinations, training, seamans book, and placement fee, the accused-appellant just
made excuses as to why they have not been deployed. It was only after going to the POEA that they learned
that the accused-appellant, Bermudez and Langreo do not have any license to recruit overseas workers.
[note: Dahab recanted his statement; Langreo was arrested, but was not given notice of proceedings; Bermudez is still at large]

On the other hand, accused-appellant alleged that it was Bermudez and Langreo who were directly engaged in
illegal recruitment and that her only participation was to sign the receipts as witness and to receive payments.
RTC found accused-appellant guilty of illegal recruitment and estafa.
On appeal, CA affirmed and held that the elements of illegal recruitment in a large scale had been established.

ISSUE: Whether or not accused-appellant is guilty of illegal recruitment in large scale.

HELD: YES. CA decision affirmed.

RATIO:
The SC held that accused-appellant committed illegal recruitment in a large scale since she had committed acts
of recruitment against the 3 complainants despite not having any license nor being authorized by the POEA.
Illegal recruitment is committed by a person who:
o Undertakes any recruitment activity defined under Art. 13(b) or any prohibited practice enumerated
under Arts. 34 and 38 of the LC;
o Does not have a license or authority to lawfully engage in the recruitment and placement of workers.
o Illegal recruitment in a large scale is committed when the aforementioned were committed against 3 or
more persons individually or as a group.

It was duly established that accused-appellant personally promised foreign employment to the complainants.
Her allegation that she had limited participation is also untenable since she personally accompanied them to
their medical examinations, as well as to the office to introduce to her co-accused. Based on the testimonies of
complainants regarding their recruitment, accused-appellant was unqualifiedly depicted as having the primary
and instrumental role in recruiting them for overseas placement from inception.

Furthermore, a mere employee of a company engaged in illegal recruitment could be held liable as a principal in
illegal recruitment once it was shown that he had actively and consciously participated in illegal recruitment.
This is because recruitment and placement includes 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.

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