Case Summary (G.R. No. 113161)
Background of the Case
An information was filed on January 12, 1988, in the Regional Trial Court of Manila. It alleged that from May 1986 to June 25, 1987, the accused conspired to recruit individuals for overseas employment without the required license from the Department of Labor. A warrant for the arrest of the accused was issued on January 21, 1987, but they were not apprehended until Nelly Agustin's arrest on February 26, 1993.
Proceedings and Testimonies
Following her arrest, Nelly Agustin's lawyer filed a motion to revive the case, and the trial commenced with the prosecution presenting testimonies from four complainants. Testimonies illustrated that the accused, particularly Agustin, had portrayed herself as having the ability to facilitate recruitment for overseas jobs, assuring various fees for placement, processing, and documentation.
Actions Constituting Illegal Recruitment
The prosecution witnesses detailed how Agustin solicited payments for processing fees and other documents, indicating her direct involvement in the recruitment process. For instance, Rogelio Salado testified that he was convinced to pay initial amounts as processing fees upon Agustin’s assurances.
Defense Claims
In her defense, Agustin claimed that she was merely introducing the complainants to the Goce spouses, whom she described as licensed recruiters. She denied any liability in the recruitment process and argued that her actions did not amount to illegal recruitment as defined by the Labor Code.
Ruling of the Trial Court
The trial court convicted Agustin of illegal recruitment defined under Articles 38 and 39 of the Labor Code, citing the testimonies of the complainants as credible and sufficient to establish her involvement in the recruitment scheme. The court emphasized that the prosecution's evidence depicted her as having misled her victims about her capacity to facilitate overseas employment.
Appellate Review and Findings
On appeal, Agustin raised arguments challenging the existence of a conspiracy and her active role in illegal recruitment. However, the reviewing court found these arguments interrelated and did not support her claims regarding a lack of i
...continue readingCase Syllabus (G.R. No. 113161)
Case Overview
- The case involves the prosecution of Nelly D. Agustin and spouses Dan and Loma Goce for illegal recruitment committed by a syndicate and in large scale, as defined under Articles 38 and 39 of the Labor Code (Presidential Decree No. 442), as amended.
- The complaint was filed on January 12, 1988, alleging that the accused conspired to recruit Filipino workers for overseas employment without the necessary license.
Background of the Case
- An information was filed in the Regional Trial Court of Manila, alleging illegal recruitment activities conducted between May 1986 and June 25, 1987.
- The accused allegedly promised employment to several individuals for a processing fee without the required authority from the Department of Labor.
- A warrant for the arrest of the accused was issued on January 21, 1987, but they were not apprehended until February 26, 1993.
Procedural History
- The case was archived due to the absence of the accused but was revived upon the request of one of the complainants.
- Nelly Agustin was arrested in February 1993, and after her arraignment on May 3, 1993, she pleaded not guilty.
- The trial included testimonies from four complainants who detailed their experiences with Agustin and the Goce spouses.
Testimonies of the Prosecution
- Rogelio Salado testified that he was introduced to Agustin, who claimed to be the manager of Clover Placement Agency. He paid various fees totaling P12,000.00 for promised overseas employment but nev