Recruitment and Placement; Element

Case No. 34 – Tutoy

People vs. Diaz, G.R. No. 112175
Facts:
Three women (Navarro, Fabricante, and Ramirez) were enrolled at the Henichi Techno Exchange
Cultural Foundation in Davao City, studying Niponggo, when they were informed by their teacher, Mrs.
Aplicador, that she knew of a Mr. Paulo Lim who also knew of one Engineer Erwin Diaz who was
recruiting applicants for Brunei. Accompanied by Mrs. Aplicador, the three women went to Mr. Lim who
told them that his children had already applied with Engr. Diaz. The four women were then accompanied
by Mr. Lim to the CIS Detention Center where Engr. Diaz was already being detained. After Navarro and
Ramirez had already given twenty thousand as placement fee, Fabricante went to the office of the POEA
and found out the Engr. Diaz was not licensed. Fabricante informed the two women about her discovery
and they all withdrew their applications. Engr. Diaz refunded their payments. The trial court held Engr.
Diaz guilty of illegal recruitment in large scale.

Issue: W/N Diaz was engaged in illegal recruitment.

Ruling:
YES. Diaz was neither a licensee nor a holder of authority to qualify him to lawfully engage in
recruitment and placement activity. Appellant told the three women that he was recruiting contract
workers for abroad, particularly Brunei, and promised them job opportunities if they can produce various
amounts of money for expenses and processing of documents. He manifestly gave the impression to the
three women that he had the ability to send workers abroad. Misrepresenting himself as a recruiter of
workers for Brunei, he promised them work for a fee and convinced them to give their money for the
purpose of getting an employment overseas.

Main Point:
A non-licensee or non-holder of authority means any person, corporation or entity which has not
been issued a valid license or authority to engage in recruitment and placement by the Secretary
of Labor, or whose license or authority has been suspended, revoked or cancelled by the POEA
or the Secretary. Moreover, recruitment and placement activities of agents or representatives
whose appointments by a license or holder of authority were not previously authorized by the
POEA shall likewise constitute illegal recruitment.