Title
People vs. Agustin
Case
G.R. No. 113161
Decision Date
Aug 29, 1995
Nelly Agustin convicted of large-scale illegal recruitment for promising overseas jobs, collecting fees, and conspiring with unlicensed recruiters, affirmed by the Supreme Court.
illegal recruitment
large scale
life imprisonment
A

Case Summary (G.R. No. 113161)

Procedural History

An information charging illegal recruitment committed by a syndicate and in large scale under Articles 38 and 39 of the Labor Code, as amended by PD No. 2018, was filed in the Regional Trial Court, Branch 5, Manila. A warrant of arrest issued early in the proceedings was not immediately executed; the case was subsequently archived with a standing warrant of arrest. Upon appellant Agustin’s arrest in February 1993, counsel moved to revive the case; the trial court reinstated the information, arraigned Agustin (who pleaded not guilty), and proceeded to trial.

Factual Summary — Overview of Prosecution Evidence

Four complainants testified at trial. Their unified account was that appellant Agustin represented herself as having the capacity to secure overseas employment, collected money from applicants for processing/placement, issued or signed receipts, and promised deployment abroad through the Clover Placement Agency, an entity owned or operated by the Goce spouses. When deployment did not occur, complainants discovered the agency was unlicensed and sought refunds, receiving only partial repayments.

Factual Summary — Testimony of Rogelio Salado

Rogelio Salado testified that in March–April 1987 appellant introduced herself as manager of Clover Placement Agency, showed a job order, and stated a P5,000 processing fee was required. Salado paid the amount and later visited the agency office on Nakpil Street where he met the Goce spouses and was told the placement fee had been increased to P12,000. Receipts were issued reflecting different amounts; Salado and co-applicants never left for overseas employment, and upon learning of Agustin’s arrest he recovered only P500 of his money.

Factual Summary — Testimony of Ramona and Related Payments

Ramona Salado, introduced by Lorenzo Alvarez, testified that Agustin persuaded her to apply for work in Oman, promised she would join her husband, and instructed payment of P2,000 for each of the couple (total P4,000). The Salados received a telegram later claiming a visa had arrived; Rogelio later paid an additional P2,000 for passports but neither departed. Repeated follow-ups from February to June 1987 yielded no deployment.

Factual Summary — Testimony of Dionisio Masaya

Dionisio Masaya testified that he applied through the agency at Parañaque, met Agustin and the Goce spouses, submitted credentials, and paid P1,900 in May 1986 and an additional P10,000 in September 1986. He received receipts, was told to follow up regularly, but never departed; when demanding refund he received only partial repayment in installments.

Factual Summary — Testimony of Ernesto Alvarez

Ernesto Alvarez testified that Agustin, encountered in February 1987, offered him a job as an ambulance driver in Oman at $600–700 monthly. He paid P3,000 at Agustin’s residence on March 10, 1987 and another P3,000 at the agency office, was assured departure before year’s end, but never left. Alvarez later recovered only P500 and could no longer locate Agustin after multiple attempts.

Defense Case

Appellant Agustin testified that the Goce spouses were licensed recruiters and owners of Clover Placement Agency, that she was a neighbor who introduced applicants to them at the applicants’ request, and that any payments she gave to complainants (P500 to Salado and Alvarez) were loans or gifts for unrelated reasons. She denied participating in illegal recruitment, denied knowledge of the receipts presented by the prosecution, and claimed ignorance of the present whereabouts of the Goce spouses.

Legal Framework Applied

The court applied the Labor Code provisions on recruitment and placement (including Article 13(b), Article 34 definitions) and Articles 38 and 39 penalizing recruitment by non-licensees, with enhancement where recruitment is committed by a syndicate (three or more persons conspiring) or in large scale (affecting three or more persons). The trial court accepted certification from the POEA Licensing and Regulation Office that the Goce spouses and Agustin were not licensed to recruit, a fact not disputed by appellant.

Findings on Acts Constitutive of Illegal Recruitment

The trial court found, and the appellate court affirmed, that Agustin’s conduct went beyond mere introduction: she represented herself as manager, provided information on fees and documentary requirements, collected payments for processing, signed receipts acknowledging significant sums (exhibits admitted as xerox copies), and thus actively engaged in recruitment and placement. Her role as an apparent employee/agent of the agency rendered her actions recruitment activity within the statutory definitions.

Evidence Admissibility and Sufficiency

Xerox copies of receipts (Exhibits D, E, F) signed by appellant were admitted under Section 4, Rule 130 (secondary evidence admissible when originals are lost or unavailable). The court also held that even if copies were rul

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