[G.R. No. 107084.

May 15, 1998]

PEOPLE OF THE PHILIPPINES, plaintiff-appellee,

vs. DELIA SADIOSA y CABENTA, accused-appellant.

DECISION
ROMERO, J.:

Accused-appellant Delia Sadiosa was charged with illegal recruitment in an

information that reads:

That on or about and during the period comprise (sic) from January 1992 to March
1992, in Pasay City, Metro Manila, Philippines and within the jurisdiction of this
Honorable Court, the above named accused Delia Sadiosa y Cabenta, well knowing
that she is not a duly licensed job recruiter, by means of false representations and
fraudulent allegations to the effect that she could secure employment as domestic
helpers abroad for Benilda Sabado y Domingo, Marcela Tabernero y Manzano, Erly
Tuliao y Sabado and Cely Navarro y Manzano, did then and there wilfully (sic),
unlawfully and feloniously recruit aforesaid persons and collected from them the
amount of P8,000.00 each, which amount were given to the accused by the aforesaid
complainants upon receipt of which, far from complying with her obligation
aforestated, accused appropriated for herself the said amount and failed to deploy complainants
abroad.

Contrary to law.[1]

Upon arraignment, accused-appellant pleaded not guilty.[2] At the trial that ensued, the
prosecution proved the following operative facts and circumstances surrounding the
commission of the crime:

Arsenia Conse went to Bayombong, Nueva Ecija in early 1992 where she met the four
complainants, Cely Navarro, Marcela Manzano, Erly Tuliao and Benilda
Domingo. She enticed the four to apply for overseas employment informing them that
she had a cousin who could send them to Kuwait as domestic helpers. Apparently
convinced by Arsenia Conse, the four went with her on February 5, 1992 to Manila.
Upon arrival, they proceeded to Room 210, Diamond Building, Libertad St., Pasay
City where Arsenia Conse introduced the group to accused-appellant Delia
Sadiosa. The four then applied for work as domestic helpers. [3]
On that occasion, accused-appellant assured the four that she could dispatch them to
Kuwait and forthwith demanded P8,000.00 from each of them for processing fee
[4]

and P1,000.00 for passport (P1,500.00 from complainant Cely Navarro). She assured
[5]

the group that she would facilitate the processing of all the necessary documents
needed by them. She further promised them that upon payment of the required fees,
they would be able to leave for Kuwait immediately.

The four did give accused-appellant the money demanded although on different
dates. The latter issued the corresponding receipts therefor. Again, she assured them
[6]

that they could leave for Kuwait on different dates: Cely Navarro and Erly Tuliao on
February 17, 1992 which was rescheduled twice on February 19, 1992 and on
February 25, 1992, and Benilda Domingo and Marcela Manzano on March 17, 1992
[7]

which was moved twice on February 24, 1992 and on March 17, 1992. However, not
[8]

one of them was able to leave for Kuwait. When they asked for the return of their
money, accused-appellant refused and ignored their demand. Consequently, the four
filed the complaint for illegal recruitment against accused-appellant.

In addition to the complainants testimonies, the prosecution presented Virginia

Santiago, a Senior Officer in the Licensing Branch and Inspection Division of the
Philippine Overseas Employment Administration (POEA). She testified that accused-
appellant was neither licensed nor authorized to recruit workers for overseas
employment. [9]

Accused-appellant herself took the witness stand and testified in her defense. She
resolutely denied having a hand in the illegal recruitment, claiming that she merely
received the money on behalf of one Mrs. Ganura who owned the recruitment
[10]

agency called Staff Organizers, Inc. She accepted the money in her capacity as an
officer of the said recruitment agency. To bolster this claim, she presented evidence
that she remitted the money to Mrs. Ganura worth P25,000.00 although she failed to
[11]

remit the remaining amount of P8,000.00 since she was already in

detention. Accused-appellant further claimed that although she was not listed in the
[12]

POEA as an employee of the recruitment agency of Mrs. Ganura, she had a special
power of attorney issued by her employer to receive payments from applicants.

The trial court found accused-appellant guilty of illegal recruitment in large scale
defined by Article 38 (b) and penalized under Article 39 (a) of the Labor Code, as
amended by Presidential Decree Nos. 1920 and 2018 and disposed of said case as follows:

WHEREFORE, the accused is found guilty beyond reasonable doubt of the charge in
the information and is hereby sentenced to life imprisonment and pay a fine
of P100,000.00. The accused is hereby ordered to indemnify Benilda Sabado y
Domingo, the sum of P8,000.00; Marcela Tabernero y Manzano, the sum
of P8,000.00; Erly Tuliao y Sabado, the sum of P8,000.00 and Cely Navarro y
Manzano, the sum of P8,000.00. To pay the costs. [13]

Accused-appellant now assails the trial courts Decision with the following assignment
of errors:
I

THE LOWER COURT ERRED IN NOT STATING CLEARLY AND

DISTINCTLY THE FACTS AND THE LAW ON WHICH ITS JUDGMENT
CONVICTING THE ACCUSED-APPELLANT WAS BASED;

II

THE LOWER COURT ERRED IN NOT DISMISSING MOTU PROPRIO THE

INFORMATION FOR NOT CONFORMING SUBSTANTIALLY TO THE
PRESCRIBED FORM, PARTICULARLY AS TO THE DESIGNATION OF
THE OFFENSE AND CAUSE OF THE ACCUSATION;

III

THE LOWER COURT ERRED IN NOT DISMISSING MOTU PROPRIO THE

INFORMATION IN VIEW OF ITS INCONSISTENT AND
CONTRADICTORY, CONFLICTING AND IRRECONCILABLE CHARGES
OF ILLEGAL RECRUITMENT, ESTAFA UNDER ARTICLE 315,
PARAGRAPH 1(b) AND ESTAFA UNDER THE SAME ARTICLE BUT
UNDER PARAGRAPH 2(a) OF THE REVISED PENAL CODE AND IN
CONDUCTING TRIAL THEREUNDER;

IV

THE LOWER COURT ERRED IN NOT ACQUITTING THE ACCUSED-

APPELLANT AND IN CONVICTING HER OF THE THE CHARGE IN THE
INFORMATION;

THE LOWER COURT ERRED IN NOT FINDING THAT THE LIABILITY OF

THE ACCUSED-APPELLANT, IF ANY, IS ONLY CIVIL, NOT CRIMINAL
IN NATURE;

VI
 THE LOWER COURT ERRED IN ORDERING THE ACCUSED-APPELLANT
TO INDEMNIFY THE PRIVATE COMPLAINANTS THE SUM OF P8,000.00
EACH.

Appellant clearly focuses on the validity and sufficiency of both the information filed
against her and the decision rendered in due course by the trial court. She asserts that
there was a violation of the constitutional mandate that a judgment of conviction must
state clearly and distinctly the facts and the law on which it is based. With regard to the
information filed against her, appellant contends that it did not substantially conform to
the prescribed form, particularly as to the designation of the offense and cause of
accusation. It should be observed in the aforequoted information that its caption indicates
that she is being charged with illegal recruitment only while the allegations therein
substantiate the crimes of illegal recruitment and estafa committed by fraud or deceit.
It is well-settled in our jurisprudence that the information is sufficient where it clearly
states the designation of the offense by the statute and the acts or omissions complained
of as constituting the offense.[14] However, there is no need to specify or refer to the
particular section or subsection of the statute that was violated by the accused. No law
requires that in order that an accused may be convicted, the specific provision penalizing
the act charged should be mentioned in the information. [15]What identifies the charge is
the actual recital of the facts and not that designated by the fiscal in the preamble
thereof. It is not even necessary for the protection of the substantial rights of the accused,
nor the effective preparation of his defense, that the accused be informed of the technical
name of the crime of which he stands charged. He must look to the facts alleged.[16]
In the instant case, the information filed against accused-appellant sufficiently shows
that it is for the crime of illegal recruitment in large scale, as defined in Art. 38 (b) of the
Labor Code and penalized in Art. 39 of the same Code although it is designated as for
illegal recruitment only. Under the Code, the essential elements of the crime of illegal
recruitment in large scale are as follows:

(1) the accused engages in the recruitment and placement of workers, as defined under
Article 13 (b) or in any prohibited activities under Article 34 of the Labor Code;

(2) accused has not complied with the guidelines issued by the Secretary of Labor and
Employment, particularly with respect to the securing of a license or an authority to
recruit and deploy workers, whether locally or overseas; and

(3) accused commits the same against three (3) or more persons, individually or as a group.[17]

All these elements are to be found in the information. It alleges that accused-
appellant, knowing fully well that she was not a duly licensed job recruiter, falsely
represented that she could secure employment as domestic helpers abroad for the four
complainants.
As such, the purpose of the requirement under Sec. 8, Rule 110 [18] to inform and
apprise the accused of the true crime of which she was charged, [19] has been complied
with. The main purpose of the requirement that the acts or omissions complained of as
constituting an offense must be stated in ordinary and concise language is to enable a
person of common understanding to know what offense is intended to be charged so that
he could suitably prepare for his defense. It is also required so that the trial court could
pronounce the proper judgment.[20] This gives substance to the constitutional guarantee
that in all criminal prosecutions, the accused shall be informed of the nature and cause
of the accusation against him.[21]
In the instant case, the Court agrees with the Solicitor General that accused-appellant
was fully accorded the right to be informed of the charges against her. The fact that she
put up the defense of having accepted the money only in her capacity as an officer of the
recruitment agency shows that she fully understood the nature and cause of the
accusation against her.
Furthermore, it is incorrect for accused-appellant to maintain that the information filed
against her contained conflicting and irreconcilable charges of illegal recruitment, estafa
under Article 315 par. 1(b) of the Revised Penal Code and estafa under the same article
but under par. 2 (a) thereof. While on its face the allegations in the information may
constitute estafa, this Court agrees with the Solicitor General that it merely describes how
accused-appellant was able to consummate the act of illegal recruitment - through false
and fraudulent representation by pretending that she was a duly-licensed recruiter who
could secure employment for complainants in Kuwait. These allegations in the information
therefore do not render the information defective or multiplicitous.
It is apropos to underscore the firmly established jurisprudence that a person who
has committed illegal recruitment may be charged and convicted separately of illegal
recruitment under the Labor Code and estafa under Article 315 of the Revised Penal
Code.[22] The crime of illegal recruitment is malum prohibitum where the criminal intent of
the accused is not necessary for conviction, while estafa is malum in se where the
criminal intent of the accused is necessary for conviction.[23]
In other words, a person convicted under the Labor Code may be convicted of
offenses punishable by other laws.[24]However, any person or entity which in any manner,
offers or promises for a fee employment to two or more persons shall be deemed engaged
in recruitment and placement.[25] When the persons recruited are three or more, the crime
becomes illegal recruitment in large scale under Art. 38 (b) of the Labor Code. In both
bases, it is the lack of a necessary license or permit that renders such recruitment
activities unlawful and criminal.[26]
In the case at bar, accused-appellant could have been validly charged separately with
estafa under the same set of facts in the illegal recruitment case, but she was fortunate
enough not to have been so charged. Nevertheless, there is no doubt from a reading of
the information, that it accurately and clearly avers all of the ingredients that constitute
illegal recruitment in large scale. The prosecutor simply captioned the information with
the generic name of the offense under the Labor Code illegal recruitment. No
misconceptions would have been engendered had he been more accurate in the drafting
of the information considering that there are at least four kinds of illegal recruitment under
the law.[27] One is simple illegal recruitment committed by a licensee or holder of
authority. The law penalizes such offender with imprisonment of not less than two years
nor more than five years or a fine of not less than P10,000 nor more than P50,000, or both
such imprisonment and fine. Any person who is neither a licensee nor a holder of authority
commits the second type of illegal recruitment. The penalty imposed for such offense is
imprisonment of not less than four years nor more than eight years or a fine of not less
than P20,000 nor more than P100,000 or both such imprisonment and fine at the discretion
of the court. The third type of illegal recruitment refers to offenders who either commit the
offense alone or with another person against three or more persons individually or as a
group. A syndicate or a group of three or more persons conspiring and confederating with
one another in carrying out the act circumscribed by the law commits the fourth type of
illegal recruitment by the law. For the third and fourth types of illegal recruitment the law
prescribes the penalty of life imprisonment and a fine of P100,000.
Hence, to avoid misconception and misinterpretation of the information, the
prosecutor involved in this case should have indicated in its caption, the offense he had
clearly alleged in its body, that the crime charged was for illegal recruitment in large
scale. However, such omission or lack of skill of the prosecutor who crafted the
information should not deprive the people of the right to prosecute a crime with so grave
a consequence against the economic life of the aggrieved parties.What is important is
that he did allege in the information the facts sufficient to constitute the offense of illegal
recruitment in large scale.
As regards accused-appellants contention that the questioned decision is void
because it failed to state clearly and distinctly the facts and the law on which it was based,
this Court is not inclined to grant credence thereto.
The constitutional requirement that every decision must state distinctly and clearly
the factual and legal bases therefor should indeed be the primordial concern of courts
and judges. Be that as it may, there should not be a mechanical reliance on this
constitutional provision. The courts and judges should be allowed to synthesize and to
simplify their decisions considering that at present, courts are harassed by crowded
dockets and time constraints. Thus, the Court held in Del Mundo v. Court of Appeals:

It is understandable that courts with heavy dockets and time constraints, often find
themselves with little to spare in the preparation of decisions to the extent most
desirable. We have thus pointed out that judges might learn to synthesize and to
simplify their pronouncements. Nevertheless, concisely written such as they may be,
decisions must still distinctly and clearly express at least in minimum essence its
factual and legal bases. [28]

In Nicos Industrial Corporation v. Court of Appeals,[29] the Court states the reason for
the constitutional requirement thus:

It is a requirement of due process that the parties to a litigation be informed of how it

was decided, with an explanation of the factual and legal reasons that led to the
conclusions of the court. The court cannot simply say that judgment is rendered in
favor of X and against Y and just leave it at that without any justification whatsoever
for its action. The losing party is entitled to know why he lost, so he may appeal to a
higher court, if permitted, should he believe that the decision that does not clearly and
distinctly state the facts and the law on which it is based leaves the parties in the dark
as to how it was reached and is especially prejudicial to the losing party, who is
unable to pinpoint the possible errors of the court for review by a higher tribunal. [30]

Under Art. X, Sec. 9 of the 1973 Constitution that contained a provision similar to Art.
VIII, Sec. 14 of the present Constitution, the Court expresses in Bernabe v. Geraldez the
following rationale as to the wide discretion enjoyed by a court in framing its decision:

x x x In the x x x case of Mendoza v. Court of First Instance of Quezon City, (L-5612,

June 27, 1973, 51 SCRA 369) citing Jose v. Santos, (L-25510, October 30, 1970, 35
SCRA 538) it was pointed out that the standard expected of the judiciary is that the
decision rendered makes clear why either party prevailed under the applicable law to
the facts as established. Nor is there any rigid formula as to the language to be
employed to satisfy the requirement of clarity and distinctness. The discretion of the
particular judge in this respect, while not unlimited, is necessarily broad. There is no
sacramental form or words which he must use upon pain of being considered as
having failed to abide by what the Constitution directs. (51 SCRA 369 at 375) [31]

After careful reflection, this Court finds that the questioned decision of the court a
quo explained the factual findings and legal justifications, at least in minimum essence,
which led to the conviction of accused-appellant. Thus, the subject decision of Judge
Baltazar Relativo Dizon, after quoting the information for Illegal Recruitment and stating
accuseds plea of not guilty, goes on to summarize the evidence for the prosecution and
the defense as testified to by their respective witnesses. Before drawing a conclusion, it
gives an ANALYSIS OF EVIDENCE ON RECORD as follows:

The testimony of the four complaining witnesses are found to be credible and reliable
observing that they answered the questions propounded by the prosecutor and the
defense counsel in a categorical, straightforward, spontaneous and frank manner and
they remained consistent, calm and cool on cross-examination. That even with the
rigid cross-examination conducted by the defense counsel the more their testimonies
became firmer and clearer that they were victims of false pretenses or fraudulent acts
of the accused. The herein accused falsely pretended to have possessed power,
influence and qualifications to secure employment as domestic helpers abroad. And
because of her fraudulent acts accused was able to collect from the four victims the
sum of P8,000.00 each [Exh. A, C, E, F (4)].

Verily, the accused admitted that she managed a consultancy firm under the business
name of DCS Service Management and the nature of her work is to recruit domestic
helpers for employment abroad. She further admitted having received the amount
of P8,000.00 from each of the complainants as processing fee, although she is shifting
responsibility to a certain Mrs. Ganura to whom she delivered the sum of P25,000.00
(Exh. 1, 1-A). She miserably failed to present this Mrs. Ganura to testify in this regard
despite all efforts exerted by this court, hence, such assertion of the accused is
disregarded, not being reliable. The fact remains that it was she who transacted with
the complainants, and that accused is neither licensed nor authorized to recruit
workers for overseas employment (Exhibit G). [32]

While it may be true that the questioned decision failed to state the specific provisions
of law violated by accused-appellant, it however clearly stated that the crime charged
was Illegal Recruitment. It discussed the facts comprising the elements of the offense
of illegal recruitment in large scale that was charged in the information, and accordingly
rendered a verdict and imposed the corresponding penalty. The dispositive portion of the
decision quoted earlier, clearly states that appellant was found guilty beyond reasonable
doubt of the charge in the information. As earlier stated, the charge in the information
referred to by the decision could mean only that of illegal recruitment in large scale and
not to any other offense.
The situation would have been altogether different and in violation of the constitutional
mandate if the penalty imposed was for illegal recruitment based on established facts
constituting simple illegal recruitment only. As it is, the trial courts omission to specify the
offense committed, or the specific provision of law violated, is not in derogation of the
constitutional requirement that every decision must clearly and distinctly state the factual
and legal bases for the conclusions reached by the trial court. The trial courts factual
findings based on credible prosecution evidence supporting the allegations in the
information and its imposition of the corresponding penalty imposed by the law on such
given facts are therefore sufficient compliance with the constitutional requirement.
This Court agrees with the trial court that the prosecution evidence has shown beyond
reasonable doubt that accused-appellant engaged in unlawful recruitment and placement
activities. Accused-appellant promised the four complainants employment as domestic
helpers in Kuwait. Article 13 (b) of the Labor Code defines recruitment and placement as
referring to any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or
procuring workers, and includes referrals, contract services, promising or advertising for
employment locally or abroad whether for profit or not; provided that any person or entity
which in any manner offers or promises for a fee employment to two or more persons
shall be deemed engaged in recruitment and placement.[33] All the essential elements of
the crime of illegal recruitment in large scale, which we have enumerated above, are
present in this case.
The prosecution clearly established the fact that accused-appellant had no license to
recruit from the POEA. Yet, the latter entertained the four complainants when they
applied, promised them jobs as domestic helpers in Kuwait, and collected fees from them
for processing travel documents only to renege on her promise and fail to return the
money she collected from complainants despite several demands.
As with the trial court, this Court entertains serious doubts regarding accused-
appellants claim that she was only acting in behalf of a certain Mrs. Ganura. Accused-
appellant failed to present evidence to corroborate her testimony. Neither did she present
Mrs. Ganura despite several opportunities given her by the trial court. The undisputed
fact is that appellant was positively identified as the person who transacted with the four
complainants, promised them jobs and received money from them. On this score, the
court a quo found the prosecution evidence credible and reliable and observed that the
complaining witnesses testified and answered questions in a categorical, straightforward,
spontaneous and frank manner.[34] As this Court has consistently held in a long line of
cases, the trial court was concededly in the best position to test the credibility of
appellant. Since the trial court did not give credence to accused-appellants version, this
Court is not persuaded by her arguments.
For engaging in recruitment of the four complainants without first obtaining the
necessary license from the POEA, accused-appellant, therefore, is guilty of illegal
recruitment in large scale, an offense involving economic sabotage. She should,
accordingly, be punished with life imprisonment and a fine of P100,000 under Article 39
(a) of the Labor Code, as amended.
In light of the above disquisition, there is no more need to resolve the other assigned
errors.
WHEREFORE, the appealed decision of the Regional Trial Court of Pasay City,
Branch 113 finding appellant Delia Sadiosa y Cabenta GUILTY beyond reasonable doubt
of the crime of illegal recruitment in large scale and imposing on her life imprisonment,
the payment of the fine of P100,000.00 and the reimbursement of the amounts defrauded
from complainants is hereby AFFIRMED. Costs against accused-appellant.
SO ORDERED.
Narvasa, C.J., (Chairman), Kapunan, and Purisima, JJ., concur.