G.R. No. 101361 - People vs. Ondo

The case involves the People of the Philippines as the plaintiff-appellee and Mary Rose Ondo @ Baby as the accused-appellant, with Simeon Ortega as a co-accused.
The criminal case, docketed as RTC, Branch 109, Pasay City, pertains to the offense of illegal recruitment under Article 38 of the Labor Code.
The incident spanned from December 1988 to August 1989 in Pasay City, Metro Manila.

The accused, Mary Rose Ondo @ Baby, engaged in recruiting workers purportedly for employment abroad, specifically for destinations such as Italy.
She, along with her co-accused, falsely represented her capability to contract, enlist, and transport workers for overseas employment.
The recruitment was conducted in concert with misrepresentations, including promises of job opportunities that never materialized.

In one sequence, Perfecta Calderon received instructions via a phone call from Angelita Calderon in Italy to await the call of the appellant regarding recruitment for her brother and cousin.
The appellant, upon communication, requested and received documents (passports, pictures, and birth certificates) along with substantial payments (e.g., 5,000 US Dollars) as fees for processing the required travel documents.
Similar transactions occurred with other complainants including:

Fidela Engada, who was introduced to the accused through familial recommendation, and subsequently paid fees amounting to P65,000.00 plus additional charges.
Dulce Garcia, who followed a similar process involving payment and document submission under the promise of overseas travel, only to have her departure delayed repeatedly.

Multiple attempts by the victims to secure a departure date were met with shifting schedules, delays, and eventually non-fulfillment of the promised travel arrangements.

The trial court accepted the version of events laid out by the prosecution as corroborated by witness testimonies, receipts, and documentary evidence.
The complainants positively identified the appellant as the person responsible for the recruitment and collection of fees.
The records included detailed receipts (Exhibits “A” through “M”) alongside testimonies attesting to the improper handling of payments and the failure to deliver on promises of overseas employment.

The appellant contested the trial court’s finding, arguing that the action should be attributed to the Felixim Travel Agency rather than herself.
She further raised issues regarding her minority, invoking provisions under Article 191 of P.D. No. 603 and Article 192, which provide for alternative custody or suspension of sentence for youthful offenders.
The court noted that these defenses were inapplicable as the remand of the case and the nature of the offense, which under the Labor Code does not avail the benefits offered under the Revised Penal Code and related provisions.

Whether the acts committed by Mary Rose Ondo @ Baby constitute illegal recruitment under Article 38 of the Labor Code.

Determination of whether the essential elements for illegal recruitment—engagement in recruitment and placement of workers without the requisite license or authority—were present.

The credibility of the evidence presented by the prosecution versus the defenses raised by the appellant.

The evaluation of witness testimonies and documentary evidence in establishing the appellant’s direct involvement in the recruitment activities.

The applicability of statutory defenses relating to the appellant’s minority status.

Whether provisions under Article 191 of P.D. No. 603 and Article 192 should mitigate the penalty for a minor offender in a case governed by a special law like the Labor Code.

The proper imposition of penalties under the special law for illegal recruitment for large-scale offenses.

Whether the imposition of life imprisonment and a fine of P100,000.00 is appropriate given that the offense was committed against at least three or more persons.