7/23/2019 Peope vs Temporada

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Rule 120G.R. No. 173473, December 17, 2008People of the Philippinesvs.eth !empor"#"

Facts:

Beth Temporada is an accused for the crime of Large Scale Illegal Recruitment inwhichthe prosecution alleged that the accused recruited and promised overseasemployment, for a fee, to complainants Rogelio Legaspi, Jr as technician inSingapore, and Soledad !tle,Lu" #in$ay, %velyn %stacio and &ennis &imaano asfactory wor$ers in 'ong$ong!fter collecting the alleged placement fees amountingto ()*),+-, it was also noted thatsuch placement fees are in e.cess of or greaterthan that speci/ed in the scheduled of allowa0le fees prescri0ed of the (1%! andwithout reasons and without fault of the saidcomplainants, failed to actually deploythem and failed to reim0urse them the e.pensesthey incurred in connection withthe documentation and processing of their papers for purposes of theirdeployment The accused2apellant now contends that the prosecutionfailed toesta0lish all the elements of the o3ense that were charged to them

Issue:4hat constitutes the crime of Illegal Recruitment5

'eld!rticle +6708 of the La0or 9ode de/nes recruitment and placement thusly:!RT +6&e/nitions . . .708 ;Recruitment and placement; refers to any act of canvassing,enlisting, contracting,transporting, utili"ing, hiring or procuring wor$ers, andincludes referrals, contractservices, promising or advertising for employment,locally or a0road, whether for pro/tor not: (rovided, That any person or entitywhich, in any manner, o3ers or promises for afee, employment to two or morepersons shall 0e deemed engaged in recruitment and placementIt was held that toconstitute illegal recruitment in large scale, three 768 elements mustconcur: 7a8 theo3ender has no valid license or authority re ofthesaid 9ode 7now Section of R! ?o *->)8= and, 7c8 the o3ender committed thesameagainst three 768 or more persons, individually or as a groupIn the case at 0ar,all the elements were present thus the S9 convicted the accused for thecrime ofLarge Scale Illegal Recruitment