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    200884

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    Anonymous uqBeAy8on
    Mildred Salvatierra y Matuco was charged with illegal recruitment in large scale and estafa. She represented herself as being able to deploy workers to South Korea for a fee. Several victims paid her money but she failed to deploy them and stopped communicating. An entrapment operation was conducted where she accepted marked money. She was found guilty by the trial court and appellate court of illegal recruitment and estafa. The Supreme Court upheld the conviction, finding that she recruited workers without a license and defrauded victims through deceit.

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    200884

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    Anonymous uqBeAy8on
    114 views2 pages
    Mildred Salvatierra y Matuco was charged with illegal recruitment in large scale and estafa. She represented herself as being able to deploy workers to South Korea for a fee. Several victims paid her money but she failed to deploy them and stopped communicating. An entrapment operation was conducted where she accepted marked money. She was found guilty by the trial court and appellate court of illegal recruitment and estafa. The Supreme Court upheld the conviction, finding that she recruited workers without a license and defrauded victims through deceit.

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    200884

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    Mildred Salvatierra y Matuco was charged with illegal recruitment in large scale and estafa. She represented herself as being able to deploy workers to South Korea for a fee. Several victims paid her money but she failed to deploy them and stopped communicating. An entrapment operation was conducted where she accepted marked money. She was found guilty by the trial court and appellate court of illegal recruitment and estafa. The Supreme Court upheld the conviction, finding that she recruited workers without a license and defrauded victims through deceit.

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

    200884

    Uploaded by

    Anonymous uqBeAy8on
    Mildred Salvatierra y Matuco was charged with illegal recruitment in large scale and estafa. She represented herself as being able to deploy workers to South Korea for a fee. Several victims paid her money but she failed to deploy them and stopped communicating. An entrapment operation was conducted where she accepted marked money. She was found guilty by the trial court and appellate court of illegal recruitment and estafa. The Supreme Court upheld the conviction, finding that she recruited workers without a license and defrauded victims through deceit.

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    Republic of the Philippines vs.

    Mildred Salvatierra y Matuco


    G.R. No. : 200884. June 4, 2014
    Ponente : Diosdado M. Peralta
    Subject
    : LABOR LAW
    (Illegal recruitment)
    CRIMINAL LAW (Estafa)
    FACTS:
    Appellant Mildred M. Salvatierra
    was charged of Illegal Recruitment
    in Large Scale and Estafa. On
    different
    occasions,
    appellant
    represented herself to be capable
    of deploying workers for a fee to
    South Korea. Believing on such
    representation, the victims parted
    with their money and waited for
    appelants
    instructions.
    Upon
    receipt of the initial payments
    made by the victims, appellant
    issued either receipts or petty cash
    vouchers. Afterwhich, appellant
    stopped seeing them and failed to
    deploy them. Upon demanding
    additional placement fee, the
    victims went to the NBI to complain
    and an entrapment operation
    ensued. Upon her arrest, the NBI
    agents took from her the marked
    money. She was, likewise, found
    positive for yellow fluorescent
    smudges. RTC rendered a decision
    finding the appellant guilty of
    Illegal recruitment or a Violation of
    The Migrant Workers and Overseas
    Filipinos Act and Estafa. CA
    affirmed the RTC decision
    with
    modification by increasing the fine
    imposed on the illegal recruitment
    case. Hence this petition.
    ISSUE:
    Whether or not Appellant is guilty
    of Illegal recruitment and Estafa.
    HELD:
    Clearly, we find no reason to
    disturb the RTCs findings as
    affirmed by the CA, that appellant
    committed the crime of illegal
    recruitment in large scale.

    In this case, appellant engaged in


    recruitment when she represented
    herself to be capable of deploying
    workers to South Korea upon
    submission
    of
    the
    pertinent
    documents and payment of the
    required fees. As appellant claimed
    to be the liaison officer of Llanesa
    Consultancy Services, the
    victims believed that she indeed
    had the capability to deploy them
    abroad. All the witnesses and the
    supposed
    victims
    identified
    appellant as the one who made
    such representation and received
    the
    payments
    they
    made
    evidenced by the petty cash
    vouchers and receipts she signed.
    Moreover, appellant was caught in
    an entrapment operation when she
    received the amount demanded
    allegedly as additional requirement
    before they can be deployed
    abroad. It was, likewise, certified to
    by
    the
    Philippine
    Overseas
    Employment
    Administration
    Licensing Division that neither
    appellant nor Llanesa Consultancy
    Services were licensed to recruit
    workers for overseas employment.
    It is also clear from the evidence
    presented that the crime of illegal
    recruitment was committed by
    appellant against five persons.

    Crime of Illegal Recruitment


    Elements: (1) the offender
    undertakes
    any
    of
    the
    activities within the meaning
    of
    recruitment
    and
    placement under Section 6 of
    RA 8042 and (2) the offender
    has
    no
    valid
    license
    or
    authority required by law to
    enable him to lawfully engage
    in recruitment and placement
    of workers. In the case of
    illegal recruitment in large
    scale, a third element is added:
    that the offender commits any

    of the acts of recruitment and


    placement against three or
    more persons, individually or
    as a group.
    The elements of estafa are:
    (a) that the accused defrauded
    another by abuse of confidence

    or by means of deceit, and (b)


    that
    damage
    or
    prejudice
    capable
    of
    pecuniary
    estimation is caused to the
    offended party or third person.
    Digested by:
    Jacqueline A. Llabado
    April 14, 2015

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