G.R. No. 204803 - Almagro vs. Philippine Airlines, Inc.

On January 9, 1981, four informations were filed in the Court of First Instance of Zambales & Olongapo City against Serapio Abug for allegedly operating a private fee-charging employment agency without a license and promising employment in Saudi Arabia, in violation of Article 16 in relation to Article 39 of the Labor Code (P.D. 442).
Abug moved to quash the informations on the ground that the proviso of Article 13(b) of the Labor Code requires “two or more persons” in order to constitute illegal recruitment and placement when fees are charged.

The trial court initially denied the motion to quash but later, in orders dated June 24 and September 17, 1981, granted the motion, finding that each information involved only one recruit.
The People of the Philippines filed a petition for certiorari before the Supreme Court, contending that Articles 16 and 39 apply regardless of the number of persons recruited and that Article 13(b)’s definition of recruitment and placement is therefore applicable.

Does the proviso to Article 13(b) of the Labor Code require that “two or more persons” be involved in any act of recruitment and placement for it to be illegal when fees are charged?
Can Serapio Abug be criminally liable under Articles 16 and 39 of the Labor Code for recruiting and placing only one person without a license?