Case Digest (G.R. No. 176169)
Facts:
Rosario Nasi‑Villar v. People of the Philippines, G.R. No. 176169, November 14, 2008, Supreme Court Second Division, Tinga, J., writing for the Court.Petitioner Rosario Nasi‑Villar was charged by Information filed on 5 October 1998 by the Office of the Provincial Prosecutor of Davao del Sur with Illegal Recruitment, allegedly committed in or about January 1993 in Sta. Cruz, Davao del Sur. The Information named R.A. No. 8042 (the Migrant Workers and Overseas Filipinos Act of 1995) as the law allegedly violated and alleged that petitioner, together with Dolores Placa, recruited an offended party and demanded P6,500 as placement fee while being a non‑licensee.
After trial, the Regional Trial Court (RTC), Branch 18, Digos City, on 3 July 2002 found petitioner guilty of illegal recruitment and sentenced her to an indeterminate term of four to five years; it made no award of civil damages and ordered that records be archived as to the co‑accused at large. Petitioner appealed to the Court of Appeals (CA), arguing the trial court erred in its appreciation of the evidence.
The Court of Appeals, in a Decision dated 27 June 2005, held that because the alleged acts occurred in 1993 and R.A. No. 8042 was not enacted until 1995, petitioner should have been charged under the Labor Code (specifically Art. 13(b), Art. 38, and Art. 39) and not under R.A. No. 8042. Applying the Labor Code, the CA affirmed the RTC's conviction but modified the disposition by ordering petitioner to pay the offended party P10,000 as temperate damages. The CA denied reconsideration on 28 November 2006.
Petitioner filed a Petition for Review under Rule 45 contesting the CA decision, principally asserting that application of R.A. No. 8042 to acts committed in 1993 would constitute an ex post facto and retroactive application of the law. The Office of the Solicitor General filed a Comment (7 September 2007) arguing the Information’s factual allegations, not its caption or st...(Pro-only)
Issues:
- Did the application of R.A. No. 8042 to petitioner’s alleged acts in January 1993 violate the constitutional prohibition against ex post facto laws and constitute impermissible retroactivity?
- Were the acts alleged in the Information sufficient to establish illegal recruitment under the Labor Code (Art. 38 in relation to Art. 13(b) and penalized by Art. 39) so that petitioner’s conviction u...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)