G.R. No. 117010 - People vs. Botero y Vales

On July 21, 1992, Patricio Botero, Carlos P. Garcia, and Luisa Miraples (at large) were charged with illegal recruitment in large scale under Article 38(b) and penalized under Article 39(a) of the Labor Code, as amended by Presidential Decrees Nos. 1920 and 2018.
They were accused of recruiting and promising overseas employment to sixteen individuals without securing the necessary license or authority from the Department of Labor and Employment (DOLE).
The recruiting activities occurred in Mandaluyong, Metro Manila.

Upon arraignment, Garcia and Botero pleaded not guilty; Miraples remained at large.
A joint trial was conducted considering the same parties and issues involved.
Six complainants testified about their applications for overseas employment through Ricorn Philippine International Shipping Lines, Inc. (Ricorn), located in Jovan Building, Mandaluyong.
The complainants applied for various seamen-related jobs and were required to submit documents including NBI and police clearances, birth certificates, passports, seaman's books, and SOLAS certificates.
As some documents were absent, they paid a P5,000 processing fee to Ricorn’s treasurer, Luisa Miraples, receiving official receipts under Ricorn's letterhead.
Garcia and Botero assured complainants of employment after the May 11, 1992 elections. Botero followed up on the complainants’ documents.
After discovering Ricorn had vacated its office and both Garcia and Botero disappeared, complainants filed complaints with the police.
Checks at the Securities and Exchange Commission (SEC) revealed Ricorn was not incorporated and there was no DOLE license for recruitment activities.

Garcia claimed he was approached to join Ricorn but declined to become president knowing the lack of licenses and SEC registration; denied issuing receipts.
Botero, a marine engineer working as a barber during trial, claimed he was an employee of Ricorn who merely followed up documents and did not recruit nor receive money; admitted he was introduced as vice-president and contributed money for Ricorn’s SEC registration.

Garcia and Botero were found guilty beyond reasonable doubt of illegal recruitment in large scale and sentenced to life imprisonment with fines of P100,000 each.
They were ordered to indemnify each complainant P5,000 and pay costs of suit.
The case against Miraples was archived due to her absence.

Whether the evidence presented by the prosecution against Patricio Botero is sufficient to sustain his conviction for illegal recruitment.
Whether Patricio Botero conspired with co-accused Carlos Garcia in the illegal recruitment activities.
Whether Botero is liable for the illegal recruitment activities conducted by Garcia.
Whether the testimony of complainant Jose Erwin Esclada is admissible and credible against Botero.