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    People Vs Estrada

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    Christine Gel Madrilejo
    Julia Estrada was convicted of illegal recruitment in large scale and 3 counts of estafa. She recruited and promised overseas employment to 3 individuals but failed to deploy them and reimburse their expenses. The Supreme Court affirmed her conviction, finding that the prosecution established the elements of the crime: 1) Estrada was unlicensed to recruit workers, 2) she engaged in prohibited recruitment activities, and 3) committed these against 3 or more persons. The Court held that illegal recruitment in large scale was sufficiently proven against Estrada.

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    People Vs Estrada

    Uploaded by

    Christine Gel Madrilejo
    207 views2 pages
    Julia Estrada was convicted of illegal recruitment in large scale and 3 counts of estafa. She recruited and promised overseas employment to 3 individuals but failed to deploy them and reimburse their expenses. The Supreme Court affirmed her conviction, finding that the prosecution established the elements of the crime: 1) Estrada was unlicensed to recruit workers, 2) she engaged in prohibited recruitment activities, and 3) committed these against 3 or more persons. The Court held that illegal recruitment in large scale was sufficiently proven against Estrada.

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    People vs Estrada

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    Julia Estrada was convicted of illegal recruitment in large scale and 3 counts of estafa. She recruited and promised overseas employment to 3 individuals but failed to deploy them and reimburse their expenses. The Supreme Court affirmed her conviction, finding that the prosecution established the elements of the crime: 1) Estrada was unlicensed to recruit workers, 2) she engaged in prohibited recruitment activities, and 3) committed these against 3 or more persons. The Court held that illegal recruitment in large scale was sufficiently proven against Estrada.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    207 views2 pages

    People Vs Estrada

    Uploaded by

    Christine Gel Madrilejo
    Julia Estrada was convicted of illegal recruitment in large scale and 3 counts of estafa. She recruited and promised overseas employment to 3 individuals but failed to deploy them and reimburse their expenses. The Supreme Court affirmed her conviction, finding that the prosecution established the elements of the crime: 1) Estrada was unlicensed to recruit workers, 2) she engaged in prohibited recruitment activities, and 3) committed these against 3 or more persons. The Court held that illegal recruitment in large scale was sufficiently proven against Estrada.

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    of 2

    THE PEOPLE OF THE PHILIPPINES vs.

    JULIA REGALADO ESTRADA

    G.R. No. 225730. February 28, 2018

    Topic: Retirement and Placement of Workers > Illegal Recruitment

    FACTS:

    1. Julia Estrada was indicted for the crime of Illegal Recruitment in Large Scale and Estafa under four (4)
    separate Informations:

    a. 3 counts of Estafa:

    That the accused did then and there willfully, unlawfully and feloniously defraud NOEL SEVILLENA,
    JANICE ANTONIO AND ALBERT CORTEZ by means of false manifestations and fraudulent
    representations which she made to said NOEL SEVILLENA, JANICE ANTONIO AND ALBERT
    CORTEZ prior to and even simultaneously with the commission of the fraud, to the effect that she had
    the power and capacity to recruit and deploy the complainants in Dubai, induced and succeeded to give
    to the accused amounting to P61,500, P25,000 and P37,000, respectively, which amount once in her
    possession, with intent to defraud, misappropriated, and misapplied and converted the same to her own
    personal use and benefit,

    b. Illegal Recruitment (Large Scale)

    The said accused, representing herself to have the capacity to contract, enlist and transport Filipino
    workers for employment abroad, did then and there willfully and unlawfully for a fee, recruit and
    promise employment/job placement abroad to ALBERT M. CORTEZ, NOEL SEVILLENA and
    JANICE A. ANTONIO as Waiter, Master Baker and Service Crew, respectively, in Dubai, without
    first having secured the required license or authority from the Department of Labor and Employment,
    and without valid reason and without the fault of the said ALBERT M. CORTEZ, NOEL SEVILLENA
    and JANICE A. ANTONIO failed to actually deploy them and failed to reimburse expenses incurred by
    them in connection with their documentation and processing for purposes of their deployment.

    2. 3 complainants testified that they met Estrada separately on various dates between Feb to April 2009.
    Jacinto came to know Estrada after she chanced upon a tarpaulin advertisement for overseas work on
    which Estrada's number and address were posted. Sevillena was encouraged by his father and Cortez
    through his aunt, both of them knew Estrada to be a recruiter for overseas work.

    Mildred Versoza, Labor and Employment Officer of POEA also testified that Estrada as not included in
    the list of employees submitted by ABCA International Corporation (ABCA) for acknowledgment
    3. During these meeting Estrada represented herself as having power and authority to deploy persons
    abroad for overseas employment and offered them a job in Dubai.

    4. They have submitted their documents necessary for the overseas placement and individually paid
    P25,000 as processing fee and placement fee and medical fees. They mentioned that they paid
    personally to Estrada however Estrada did not issue a single receipt.

    5. Estrade further required the complainants to under Pre-Departure Orientation Seminar (PDOS) and paid
    the necessary fees.

    6. Estrada Failed to deploy them abroad.


    Estrada’s Defense: The complainants went to her house and asked for her help for them to work abroad but she
    answered in the negative. She denied the allegations that she misrepresented herself as a recruiter, that she
    worked as a secretary in Riyadh, that the owner of recruitment agency was her friend and the complainants went
    to one of the recruitment agency where they got her number. She denied that her number was posted on a
    tarpaulin advertisement. And that she introduced Worldview to Antonio, which handles her documents
    everytime she departs abroad for work. That she was informed that Antonio and her friends already submitted
    their applications to another agency (ABCA), but Sevillena and Cortez did not sign the contract because they
    were offered low salary. Sevillena and Cortez went to her house to ask for the return of the money they paid to
    ABCA. She insisted that she did not receive any money from the private complainants and that she did not
    recruit them for overseas work.

    7. RTC – Estrada found guilty beyond reasonable doubt of the crimes of illegal recruitment and 3 counts of
    estafa.

    8. CA – Affirmed.

    ISSUE: WON the elements constituting illegal recruitment in large scale have been sufficiently established.

    HELD: YES.

    Under Section 6 of R.A. No. 8042, illegal recruitment, when undertaken by a non- licensee or non-holder of
    authority as contemplated under Article 13 (f) of the Labor Code, shall mean any act of canvassing, enlisting,
    contracting, transporting, utilizing, hiring, procuring workers, and including referring, contract services,
    promising or advertising for employment abroad, whether for profit or not.

    Further, to sustain a conviction for illegal recruitment under R.A. No. 8042, the prosecution must establish two
    (2) elements: first, the offender has no valid license or authority required by law to enable one to lawfully
    engage in the recruitment and placement of workers; and second, the offender undertakes any of the activities
    within the meaning of recruitment and placement defined in Article 13 (b) of the Labor Code, or any of the
    prohibited practices enumerated under Section 6 of R.A. No. 8042. Further, in case the illegal recruitment was
    committed in large scale, a third element must be established, that is, the offender commits the illegal
    recruitment activities against three or more persons, individually or as a group.

    The Court is convinced that the prosecution was able to establish the essential elements of the crime of illegal
    recruitment in large scale.

    First, it is not disputed that Estrada is not licensed or authorized to recruit workers for overseas placement.

    Second, the prosecution was able to establish that Estrada unlawfully engaged in activities which refer to
    recruitment and placement under Article 13 (b) of the Labor Code and Section 6 of R.A. No. 8042.

    Finally, it is clear that Estrada committed illegal recruitment activities against the three (3) private
    complainants. Thus, the trial and appellate courts properly convicted Estrada of the crime of illegal recruitment
    in large scale.

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