People of The Philippines Vs Dolores Ocden GR No. 173198 Facts

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PEOPLE OF THE PHILIPPINES vs

DOLORES OCDEN
GR No. 173198

FACTS

Ocden was charged with seven (7) cases of illegal recruitment including large-scale
illegal recruitment committed against complainants.

Ocden gave the impression that he could send complainants abroad by informing
them about the job opportunity and list of necessary requirements; by requiring
applicants to attend seminar in his house; by receiving job applications and personally
accompanying complainants for their medical exams; by receiving money paid as
placement fees; and assuring applicants that they would be deployed to Italy.

After spending huge amount of money for placement fee and other fees,
complainants found that Ocden has no license to recruit.

Ocden denies the charges and claims that complainants failed to present a
certification that Ocden is a non-licensee or non-holder of authority to lawfully engage
in the recruitment and placement of workers.

ISSUE

Whether or not accused is guilty of illegal recruitment in large scale

RULING

Yes.

Illegal recruitment may be committed by any person, whether a non-licensee, non-


holder, licensee, or holder of authority.

It shall likewise include the following acts, whether committed by any person, whether a
non-licensee, non-holder, licensee or holder of authority.

Failure to reimburse expenses incurred by the worker in connection with his


documentation and processing for purposes of deployment, in cases where the
deployment does not actually take place without the worker's fault. Illegal recruitment
when committed by a syndicate or in large scale shall be considered an offense
involving economic sabotage.

Illegal recruitment is deemed committed by a syndicate if carried out by a group of


three (3) or more persons conspiring or confederating with one another. It is deemed
committed in large scale if committed against three (3) or more persons individually or
as a group.
It is well-settled that to prove illegal recruitment, it must be shown that appellant gave
complainants the distinct impression that he had the power or ability to send
complainants abroad for work such that the latter were convinced to part with their
money in order to be employed.

In this case, Ocden gave such impression. It is not necessary for the prosecution to
present a certification that Ocden is a non-licensee or non-holder of authority to
lawfully engage in the recruitment and placement of workers.

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