Case Summary (G.R. No. 100285)
Charges Against the Accused
Duque was charged with violating Section 38 in relation to Section 39 of Presidential Decree No. 442, also known as The Labor Code of the Philippines. The information against Duque alleged that he recruited victims for overseas work and received money from them despite lacking the necessary License from the POEA.
Prosecution's Evidence
The prosecution presented testimonies from the victims, which detailed the recruitment process orchestrated by Duque. Each victim recounted being promised employment in Saudi Arabia and was asked to pay various amounts for processing their applications. Notably, Duque did not provide receipts for the amounts received. The victims later discovered that Duque was not a licensed recruiter when they sought assistance from the POEA.
Defense of the Accused
Duque denied all allegations, contending that he did not recruit any of the complainants and had not received any money from them. He mentioned that his house was merely used as a meeting place for others who discussed job placements. However, the trial court found significant evidence linking him to the collection of fees from the victims under the pretense of recruitment.
Trial Court's Ruling
The trial court convicted Duque, finding him guilty beyond a reasonable doubt of illegal recruitment and sentenced him to reclusion perpetua along with a monetary penalty and the obligation to indemnify the victims.
Appellant's Argument on Prescription
On appeal, Duque argued that the criminal offense had prescribed due to the alleged expiration of the prescriptive period. He claimed that the prescriptive period commenced in January 1986, when the victims paid him, making the filing of charges in May 1990 excessive.
Applicability of Prescriptive Period
The applicable law for determining the start of the prescriptive period is found in Article 290 of the Labor Code and Act No. 3326. The rules specify that the prescriptive period for violations must begin either from the commission of the offense or from the discovery of the violation if not initially known.
Court's Analysis of Discovery
The court found that the victims did not discover the unlawful nature of Duque's recruitment activities until December 1989 when they approached the POEA. Hence, the prescriptive period began to run at this point. The prosecution’s complaint was filed shortly thereafter, well within the prescribed period.
Legal Interpretation of Statutory Provisions
The court clarified that interpretations of the law must focus on the legislative intent and avoid absurd outcomes, refuting Duque's claim regarding the literal reading of Act No. 3326. The interpretation held that the prescriptive period would
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Background of the Case
- Accused: Napoleon Duque, charged with illegal recruitment.
- Legal Basis: Violations of Section 38 in relation to Section 39 of P.D. No. 442, known as The Labor Code of the Philippines.
- Location and Time of Offense: Calamba, Laguna, around January 1986.
- Victims: Glicerio Teodoro, Agustin Ulat, Ernesto Maunahan, Norma Francisco, Elmo Alcaraz, and Marcelino Desepida.
- Nature of Charge: Duque allegedly recruited the victims for overseas employment without the necessary license or authority from the Philippine Overseas Employment Administration (POEA) and received money from them.
Prosecution's Evidence
- Witnesses: Agustin Ulat, Elmo Alcaraz, Marcelino Desepida, and Norma Francisco provided testimonies.
- Testimony Highlights:
- Ulat testified that Duque invited him to his home and claimed to be a licensed recruiter for Saudi Arabia, requesting documents and a fee of P20,000 for processing.
- Ulat mortgaged his lot to obtain the money and gave it to Duque, who failed to provide a receipt despite requests.
- Other complainants (Alcaraz, Desepida, Francisco) similarly recounted their interactions with Duque, describing payments made under the same pretense of securing overseas employment.
- Each complainant expressed trust in Duque due to his affluent background and association with a reputable Catholic organization.