Facts:

The case revolves around Aurora T. Aquino, the petitioner, who was accused of illegal recruitment under Article 25 of Presidential Decree No. 442, also known as the Labor Code of the Philippines. The information against her indicated that from May 23, 1974 to May 1975, she, being a private individual, recruited workers for employment abroad without the necessary license or authority from the Ministry of Labor. The complaints against her were filed on November 2, 1978, in the Regional Trial Court of Manila.

The prosecution laid out a series of events beginning in January 1973. Rodrigo Nicolas approached Aquino in response to a recruitment advertisement, applied for a carpenter’s position, and paid a total of P1,500 as recruitment fees. Similar stories were presented by Braulio Sapitula, Aurelio Costales, and Benito Vertudez, who also paid various amounts for recruitment. Each of these complainants later sought refunds as they were unable to secure jobs abroad through Aquino’s sup

...

Facts:

Allegations and Information

• The petitioner, Aurora Aquino, was charged with illegal recruitment under Article 25 of Presidential Decree No. 442. The information alleged that between May 23, 1974, and May 1975, Aquino recruited workers for overseas employment without securing the necessary license or authority from the Ministry of Labor.
• The complaint detailed that her recruitment activities occurred at her office in the Manila Hotel Annex, where job applicants paid fees for processing and placement, even after her license to operate expired on May 18, 1974.
• The prosecution asserted that the collection of fees for services rendered after the license’s expiration constituted illegal recruitment.

Factual Transactions Involving Complainants

• Rodrigo Nicolas

- Met Aquino in January 1973 at her Manila Hotel Office when applying for a carpenter position for employment in Guam. - Made an initial payment of ₱1,000, followed by a second payment of ₱500, out of a required ₱1,500, with partial refund transactions later involving a “group refund check” for ₱5,270 that was dishonored due to insufficient funds. - Applied for a carpenter position on or about March 12, 1973 after learning Aquino was recruiting workers for Guam. - Paid an initial fee of ₱500 and a subsequent ₱1,000 payment in February 1975. - Approach occurred in May 1973 at the Greenwich Travel Agency where he applied for employment in Guam. - Made an initial payment of ₱800, followed by a second payment of ₱550 in September 1974. - Later, requested a refund when his employment did not materialize; Aquino refunded ₱700 directly and attempted reimbursement via the same dishonored group refund check for the remaining ₱650. - Applied in June 1974 for a Guam job and made payments—for mailing expenses and subsequent fee installments amounting to ₱1,070 in total. - His application and related fee collection became a point of contention regarding the timing relative to Aquino’s license expiration. - A formal complaint for violation of Article 24 of PD 442 (as cited by the Solicitor General) was filed on November 2, 1978, before the Regional Trial Court of Manila, Branch VIII.

Petitioner’s Version and Background

• Aurora Aquino presented herself as a licensed contractor with a valid Labor Contractor’s License issued on May 22, 1973, which authorized her to hire laborers and to recruit workers for overseas employers, including those for Guam and London.
• She maintained that all recruiting activities, including advertisements and processing of applications, were conducted while her license was in effect.
• After the expiration of her license on May 18, 1974, Aquino contended she merely conducted a winding-up of her business operations rather than engaging in active recruitment.
• Aquino explained that her attempts to renew the license were halted by a government policy aimed at phasing out private recruitment agencies and that she was under the impression that renewal should not exclude continuing her business operations during the winding-up period.

Procedural History

• At trial, the lower court found Aquino guilty of illegal recruitment, sentencing her to an indeterminate imprisonment of four to seven years, a fine of ₱20,000, and ordering her to indemnify the complainants with ₱5,270 (plus applicable interest), with the mandate that she serve her sentence at the National Penitentiary in Muntinlupa, Rizal.
• The Court of Appeals affirmed the trial court’s decision.
• Aquino then filed a petition for review with the Supreme Court, which initially denied the petition on March 21, 1990, but reconsidered it after her motion was filed on April 5, 1990, and given due course on May 9, 1990.

Issue:

Jurisdictional Argument

• Whether the Regional Trial Court of Manila had proper jurisdiction given that the information in the complaint was based on the alleged situs of the crime.
• The petitioner’s contention that her later challenge to the court’s jurisdiction should be sustained despite her participation in the proceedings, which under the doctrine of estoppel precludes contesting jurisdiction once invoked.

Nature and Timing of Recruitment

• Whether continuing to receive payment for services rendered—specifically, the collection of carry-over fees after the expiration of Aquino’s license—constituted an act of illegal recruitment.
• Whether the fact that the recruitment activities (advertising, processing of applications) took place while Aquino’s license was still valid precludes holding her criminally liable for subsequent receipt of payments during the winding-up phase of her business operations.

Reimbursement and Payment Evidence

• Whether the issuance of a check (later dishonored due to insufficient funds) suffices as payment to the complainants, thus satisfying Aquino’s obligation to indemnify.
• The evidentiary sufficiency of the petitioner’s submission, or lack thereof, regarding the actual encashment of the reimbursement check, especially in view of affidavits of desistance from some complainants.

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)

Doctrine:

• (Subscriber-Only)