Case Digest (G.R. No. 112175)
Facts:
The People of the Philippines v. Engineer Rodolfo Diaz, G.R. No. 112175, July 26, 1996, Supreme Court Second Division, Torres, Jr., J., writing for the Court. In August 1992 the Davao City Prosecutor filed an Information charging Rodolfo “Erwin” Diaz with violations of Articles 38(a) and 38(b) in relation to Article 39 of the Labor Code (as amended), accusing him of illegal recruitment in large scale for promising employment abroad to three complainants without a POEA license.The three complainants — Mary Anne Navarro, Maria Theresa Fabricante, and Maria Elena Ramirez — testified that through their teacher Remedios Aplicador they were referred to Paulo Lim, who introduced them to Diaz in July 1992 (while Diaz was detained at the CIS detention center). Diaz allegedly represented that he was recruiting contract workers for Brunei (and Japan), stated the documentary requirements and fees (including P2,500 processing fee and a P65,000 placement fee with an advanced P20,000 plane-fare component), and promised jobs paying about $700 monthly for short hours.
Each complainant paid the processing amounts (Navarro P2,300; Fabricante P2,000; Ramirez P2,500). They later discovered via the Philippine Overseas Employment Administration (POEA) that Diaz and his purported agency were not licensed; POEA issued a certification to that effect dated August 14, 1992. The complainants withdrew their applications; Diaz returned the processing fees (receipt admitted as Exhibit G), but he allegedly demanded charges when they sought to withdraw.
At the Regional Trial Court (11th Judicial Region, Branch 10, Davao City), Judge Augusto V. Breva found Diaz guilty on September 2, 1993 of large scale illegal recruitment and sentenced him to life imprisonment and a P100,000 fine. The trial court gave weight to the positive testimonies of the three victims, discredited several defense witnesses, and relied on the POEA certification showing Diaz was not a licensed recruiter.
Appellant Diaz appealed, assigning that the tri...(Pro-only)
Issues:
- Did the prosecution prove beyond reasonable doubt that appellant Diaz engaged in recruitment activity amounting to illegal recruitment in large scale?
- Was the trial court correct in rejecting appellant Diaz’s defense that he acted only as a facilitator of travel documents and...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
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Doctrine:
- (Pro-only)