People of the Philippines vs. Domingo Panis
GR No. L–58674–77, July 11, 1990
FACTS:
On January 9, 1981, four information were filed in the in the Court of First Instance (CFI) of Zambales and Olongapo City alleging that herein private respondent Serapio Abug, "without first securing a license from the Ministry of Labor as a holder of authority to operate a fee-charging employment agency, did then and there wilfully, unlawfully and criminally operate a private fee charging employment agency by charging fees and expenses (from) and promising employment in Saudi Arabia" to four separate individuals. Abug filed a motion to quash contending that he cannot be charged for illegal recruitment because according to him, Article 13(b) of the Labor Code says there would be illegal recruitment only "whenever two or more persons are in any manner promised or offered any employment for a fee.”
Denied at first, the motion to quash was reconsidered and granted by the Trial Court in its Orders dated June 24, 1981, and September 17, 1981. In the instant case, the view of the private respondents is that to constitute recruitment and placement, all the acts mentioned in this article should involve dealings with two or more persons as an indispensable requirement. On the other hand, the petitioner argues that the requirement of two or more persons is imposed only where the recruitment and placement consists of an offer or promise of employment to such persons and always in consideration of a fee.
ISSUE:
Whether or not Article 13(b) of the Labor Code provides for the innocence or guilt of the private respondent of the crime of illegal recruitment
COURT RULING:
The Supreme Court reversed the CFI’s Orders and reinstated all four information filed against private respondent.
The Article 13(b) of the Labor Code was merely intended to create a presumption, and not to impose a condition on the basic rule nor to provide an exception thereto.
The number of persons dealt with is not an essential ingredient of the act of recruitment and placement of workers. Any of the acts mentioned in the basic rule in Article 13(b) win constitute recruitment and placement even if only one prospective worker is involved.
The proviso merely lays down a rule of evidence that where a fee is collected in consideration of a promise or offer of employment to two or more prospective workers, the individual or entity dealing with them shall be deemed to be engaged in the act of recruitment and placement. The words "shall be deemed" create the said presumption.
