CASE DIGEST
PEOPLE V. IMPERIO Y
ANTONIO
G.R. No. 232623, October
5, 2020
SECOND DIVISION, HERNANDO
J.
Illegal Recruitment, RA 8042
DOCTRINE: Engaging in illegal recruitment
activities, particularly in large scale, is considered a serious offense
involving economic sabotage. RA 8042 was enacted to protect the rights of
migrant workers, safeguarding them against potential harm and exploitation
abroad and to prosecute those who engage in illegal recruitment activities.
Oliver Imperio was charged with illegal
recruitment in large scale for promising employment abroad to several
individuals without the necessary license and authority. The prosecution
presented witnesses who testified that Imperio collected fees from them for
overseas employment but failed to deliver on his promises. The Regional Trial
Court (RTC) found Imperio guilty, and the Court of Appeals (CA) affirmed the
RTC's decision. The CA held that Imperio's denial was uncorroborated, and the
prosecution's witnesses positively identified him as the recruiter. The CA also
noted that Imperio lacked the required authorization to engage in recruitment
activities.
Whether the accused is guilty of illegal
recruitment under RA 8042.
NO.
The court found the accused guilty of illegal recruitment in Large Scale under
Republic Act No. 8042, as amended by Republic Act No. 10022. The evidence
presented by the prosecution sufficiently established that the accused engaged
in the illegal recruitment of individuals for overseas employment. The accused
promised employment opportunities and collected fees from the victims without the
necessary license and authority, which is a clear violation of RA 8042. The
court rejected Imperio's denial and alibi, considering the positive
identification of the prosecution witnesses. SC decision underscores that the
court gives greater weight to the positive identification of the accused by the
prosecution witnesses than the accused's denial and explanation.
No comments:
Post a Comment