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    Labor Case Digest

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    KR Reboroso
    The Supreme Court found Ocden guilty of illegal recruitment in large scale and estafa based on the following: 1) From May to December 1998, Ocden recruited more than three people in Baguio City promising them employment as factory workers in Italy but did not secure the necessary license. 2) None of the applicants were able to work in Italy as promised. They asked Ocden to refund their money but Ocden failed to return it. 3) Ocden committed illegal recruitment by receiving placement fees from three people evidenced by receipts, and failing to reimburse them when they could not leave for Italy through no fault of their own.

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    Labor Case Digest

    Uploaded by

    KR Reboroso
    440 views2 pages
    The Supreme Court found Ocden guilty of illegal recruitment in large scale and estafa based on the following: 1) From May to December 1998, Ocden recruited more than three people in Baguio City promising them employment as factory workers in Italy but did not secure the necessary license. 2) None of the applicants were able to work in Italy as promised. They asked Ocden to refund their money but Ocden failed to return it. 3) Ocden committed illegal recruitment by receiving placement fees from three people evidenced by receipts, and failing to reimburse them when they could not leave for Italy through no fault of their own.

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    121410581 Labor Case Digest

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    The Supreme Court found Ocden guilty of illegal recruitment in large scale and estafa based on the following: 1) From May to December 1998, Ocden recruited more than three people in Baguio City promising them employment as factory workers in Italy but did not secure the necessary license. 2) None of the applicants were able to work in Italy as promised. They asked Ocden to refund their money but Ocden failed to return it. 3) Ocden committed illegal recruitment by receiving placement fees from three people evidenced by receipts, and failing to reimburse them when they could not leave for Italy through no fault of their own.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    440 views2 pages

    Labor Case Digest

    Uploaded by

    KR Reboroso
    The Supreme Court found Ocden guilty of illegal recruitment in large scale and estafa based on the following: 1) From May to December 1998, Ocden recruited more than three people in Baguio City promising them employment as factory workers in Italy but did not secure the necessary license. 2) None of the applicants were able to work in Italy as promised. They asked Ocden to refund their money but Ocden failed to return it. 3) Ocden committed illegal recruitment by receiving placement fees from three people evidenced by receipts, and failing to reimburse them when they could not leave for Italy through no fault of their own.

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    of 2

    G.R. No.

    173198
    June 1,2011
    FLORENTIN
    I, J.DE CASTRO

    People vs. Ocden


    ROSALIE SANTAJ.
    FILRO: 001

    FACTS:
    During the period from May to December, 1998, in Baguio City, Dolores
    Ocden recruited and promised employment as factory workers in Italy to more
    than three (3) persons including, but not limited to the following: Jeffries
    Golidan, Howard C. Golidan, Karen M. Simeon, Jean S. Maximo, Norma Pedro,
    Marlyn Mana-a, Rizalina Ferrer, and Milan Daring without having first secured
    the necessary license or authority from the Department of Labor and
    Employment. None of the applicants were able to work in Italy. They asked
    Ocden to refund their hard-earned money but Ocden failed to return. The RTC
    found Ocden guilty of illegal recruitment in large scale and suffer life
    imprisonment and a fine of P100,000 and was erroneously filed before CA, but
    the latter correctly submitted to SC.
    ISSUE:
    Is Ocden guilty of illegal recruitment?
    LAWS INVOLVED:
    Art. 13(b) in relation to Articles 38(b), 34 and 39 of the Labor Code.
    Sec. 6(m) of RA 8042.
    RULING:
    The Supreme Court found Ocden guilty of illegal recruitment in large
    scale and estafa; and sentenced to suffer life imprisonment and a fine of
    P500,000.
    Since illegal recruitment under Section 6(m) can be committed by any
    person, even by a licensed recruiter, a certification on whether Ocden had a
    license to recruit or not, is inconsequential. Ocden committed illegal
    recruitment as described in said provision by receiving placement fees from
    Mana-a, Ferrer, and Golidans two sons, Jeffries and Howard, evidenced by
    receipts Ocden herself issued; and failing to reimburse/refund to Mana-a,
    Ferrer, and Golidans two sons the amounts they had paid when they were not
    able to leave for Italy, through no fault of their own.
    Case Digest on PEOPLE v. NAVARRA
    GR No. 119361, Feb 19, 2001
    The accused-appellants were charged and found guilty by the RTC of illegal recruitment committed in a large scale
    resulting to economic sabotage and sentenced to life imprisonment.
    ISSUE: Did the RTC err in disregarding their defense of denial and in finding them guilty of the offense charged.
    HELD: Denials, without clear and convincing evidence to support them, can not sway judgement. They are self-serving
    statements and are inherently weak. Decision of lower court affirmed. Illegal recruitment has 2 essential elements: first,
    the offender has no valid license or authority required by law to enable him to lawfully engage in recruitment or
    placement of workers; second, the offender undertakes any activity within the meaning of recruitment and placement
    defined under Article 13 (b), or any prohibited practices enumerated under Art 34 of the Labor Code. A non-licensee or
    non-holder of authority means any person, corporation or entity without a valid license or authority to engage in
    recruitment or placement from the Secretary of Labor, or whose license or authority has been suspended, revoked or
    cancelled by the POEA or the Sec. of Labor.

    Under Article 13 (b) of the Labor Code, recruitment and placement refer to, any
    act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers, and includes referrals,
    contract services, promising, or advertising for employment, locally or abroad, for profit or not: Provided, that any person
    or entity which in any manner, offers or promises for a fee employment to 2 or more persons shall be deemed engaged in
    recruitment or placement. Accused-appellants committed acts of recruitment and placement, such as promises to the
    complainants of profitable employment abroad and acceptance of placement fees. They were also not authorized to
    recruit workers for overseas employment as certified by the DOLE. Art. 38 (b) of the Labor Code provides that illegal
    recruitment shall be considered an offense involving economic sabotage if any of the following qualifying circumstances
    exists: first, when illegal recruitment is committed by a syndicate; second when it is committed in a large scale,
    committed against three or more persons individually or as a group.

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