[ GR No.

170192, Feb 10, 2016 ]

PEOPLE v. MARISSA BAYKER

FACTS:

Accused-appellant Bayker together with 2 others (Nida Bermudez & Lorenz Langreo), illegally
recruited thecomplainants: Basilio Miparanum, Virgilio Canazares and Reynaldo Dahab for an
overseas job abroad. Complainantspaid the amount of P52,000.00, P10,000.00 and P5,000.00
respectively for the processing of their papers.

Based on their testimony, the accused-appellant represented herself to be recruiting workers for
hotelporters in Canada, then said that they were to be recruited as seamen in HK . Then after
giving theirpayment for medical examinations, training
, seaman’s book, and placement fee, the accused
-appellant justmade excuses as to why they have not been deployed. It was only after going to the
POEA that they learnedthat the accused-appellant, Bermudez and Langreo do not have any
license to recruit overseas workers.
[note: Dahab recanted his statement; Langreo was arrested, but was not given notice of
proceedings; Bermudez is still at large]

On the other hand, accused-appellant alleged that it was Bermudez and Langreo who were
directly engaged inillegal recruitment and that her only participation was to sign the receipts as
witness and to receive payments.

RTC found accused-appellant guilty of illegal recruitment and estafa.

On appeal, CA affirmed and held that the elements of illegal recruitment in a large scale had been
established.

ISSUE:
Whether or not accused-appellant is guilty of illegal recruitment in large scale.

HELD:
YES.

CA decision affirmed.

RATIO:

The SC held that accused-appellant committed illegal recruitment in a large scale since she had
committed acts of recruitment against the 3 complainants despite not having any license nor being
authorized by the POEA.Illegal recruitment is committed by a person who:
Undertakes any recruitment activity defined under Art. 13(b) or any prohibited practice
enumerated under Arts. 34 and 38 of the LC;

Does not have a license or authority to lawfully engage in the recruitment and placement of
workers.

Illegal recruitment in a large scale is committed when the aforementioned were committed against
3 or more persons individually or as a group.

It was duly established that accused-appellant personally promised foreign employment to the
complainants. Her allegation that she had limited participation is also untenable since
she personally accompanied them to their medical examinations, as well as to the office to
introduce to her co-accused. Based on the testimonies of complainants regarding their
recruitment, accused-appellant was unqualifiedly depicted as having the primary and instrumental
role in recruiting them for overseas placement from inception.

Furthermore, a mere employee of a company engaged in illegal recruitment could be held liable
as a principal in illegal recruitment once it was shown that he had actively and consciously
participated in illegal recruitment. This is because recruitment and placement includes any act of
canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers, as well
as referrals, contract services, promising or advertising for employment, locally or abroad,
whether for profit or not.