11 - People vs. Lalli

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PEOPLE VS.

LALLI
G.R. No. 195419, October 12, 2011

DOCTRINES:

 The commission of illegal recruitment by three or more persons conspiring


or confederating with one another is deemed committed by a syndicate
and constitutes economic sabotage.

 Trafficking in Persons, qualified by a syndicate, is committed if carried out


by a group of three or more. It is not only limited to transportation of victims
for trafficking but is also manifest when such recruitment is for prostitution.

FACTS:

 Lolita Plando was approached by Lalli and two other accused asking if she
wanted a job in Malaysia as a restaurant entertainer. However, at that
time, Plando had no passport.

 The accused advised Plando to use her sister’s passport instead, under
assurance that his group has a contact in the Department of Foreign
Affairs who will arrange it.

 Upon arrival in Malaysia, Plando along with her other companions were
brought to a restaurant where they found out from another Filipino worker
that it is a prostitution den and that the women there are prostitutes. She
eventually worked as a prostitute there and was subjected to sexual
intercourse with different men. One day, she was able to contact her other
sister and informed her about her situation. Her sister’s husband came to
the restaurant and helped her escape.

 Lolita filed a case against the herein accused. The RTC found the accused
guilty of the Crime of Trafficking in Persons, punishable by life
imprisonment. On appeal, the Court of Appeals ruled found the accused-
appellants guilty of the Crimes of Illegal Recruitment and Trafficking in
Persons.

ISSUE: Whether or not the Court of Appeals erred in holding the accused-
appellants liable for Illegal Recruitment and Trafficking in Persons.
RULING:

 Yes. The Supreme Court ruled that persons conducting overseas


recruitment and placement activities without the requisite authority from the
DOLE, whether for profit or any other purpose, is liable for illegal
recruitment. The commission of illegal recruitment by three or more
persons conspiring or confederating with one another is deemed
committed by a syndicate and constitutes economic sabotage.

 While the other accused claims that he only referred Plando to Lalli for job
opportunities in Malaysia, such act, whether for profit or any other purpose,
in connivance with someone without a valid POEA license, is already
considered illegal recruitment given the broad definition of “recruitment”
and “placement” in the Labor Code.

 Meanwhile, the accused were also guilty of Trafficking in Persons, qualified


by a syndicate. The said crime is committed if carried out by a group of
three or more. It is not only limited to transportation of victims for trafficking
but is also manifest when such recruitment is for prostitution.

DISPOSITIVE:

WHEREFORE, we AFFIRM the Decision of the Court of Appeals dated 26 February 2010,


affirming the Decision of the Regional Trial Court of Zamboanga City dated 29 November 2005,
finding accused Lalli and Aringoy guilty beyond reasonable doubt of the crimes of Illegal
Recruitment and Trafficking in Persons committed by a syndicate, with the
following MODIFICATIONS:

1. In Criminal Case No. 21908, each of the accused is sentenced to suffer the penalty of
LIFE IMPRISONMENT and to pay a fine of ₱ 2,000,000;

2. In Criminal Case No. 21930, each of the accused is sentenced to suffer the penalty of
LIFE IMPRISONMENT and to pay a fine of ₱ 500,000;

3. Each of the accused is ordered to pay the offended party Lolita Plando y Sagadsad,
jointly and severally, the sum of ₱ 500,000 as moral damages, and ₱ 100,000 as
exemplary damages for the crime of Trafficking in Persons; and to pay the costs.

The Court cannot pronounce the liability of accused-at-large Nestor Relampagos as jurisdiction
over his person has not been acquired.

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