People vs. Laurel

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Legal Research PEOPLE VS. LAUREL Republic of the Philippines SUPREME COURT Manila FIRST DIVISION G.R. No. 120353 February 12, 1998 PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FLOR N. LAUREL, accused-appellant. BELLOSILLO, J.: This is an appeal from the decision of the Regional Trial Court of Manila finding accused-appellant Flor N. Laurel guilty of illegal recruitment in large scale penalized under Art. 38, par. (b), in relation to Art. 39, par. (a), of the Labor Code. From 19 October 1991 to 25 May 1992 accused-appellant Flor N. Laurel promised employment abroad for a fee to complaining witnesses Ricardo San Felipe, Rosauro San Felipe, Juanito Cudal and Cenen Tambongco, Jr. However, after receiving P12,000.00 from Tambongco, Jr., P11,000.00 from each of the San Felipe brothers and P6,000.00 from Cudal, Laurel reneged on her promises and went into hiding. Verification with the Philippine Overseas Employment Administration (POEA) revealed that Laurel was neither licensed nor authorized to recruit workers for overseas employment. 1 Consequently, she was haled to court and charged with large scale illegal recruitment. Accused Laurel did not deny the charge against her. Instead, when called to the witness stand, she presented an affidavit of desistance by Juanito Cudal as well as several receipts, Exhs. "2," "3," "4," "5" and "6," signed by the other private complainants acknowledging payment by her of the amounts taken from them in "full settlement" of her obligation. 2 Thus, on the basis of these documents, she moved to dismiss the case. But the court a quo denied her motion on the ground that the LEANGIE MORA 1

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People vs. Laurel

Transcript of People vs. Laurel

Legal ResearchPEOPLE VS. LAURELRepublic of the PhilippinesSUPREME COURTManilaFIRST DIVISION G.R. No. 120353 February 12, 1998PEOPLE OF THE PHLPPNES, plaintiff-appellee, vs.FLOR N. L!UREL, accused-appellant. "ELLOSLLO, J.:This is an appeal fo! the decision of the Re"ional Tial #out of Manila findin" accused-appellant Flo N. $auel "uilt% of ille"al ecuit!ent in la"e scale penali&ed unde 't. (), pa. *b+, in elation to't. (,, pa. *a+, of the $abo #ode.Fo! -, Octobe -,,- to ./ Ma% -,,. accused-appellant Flo N. $auel po!ised e!plo%!ent aboad fo a fee to co!plainin" 0itnesses Ricado San Felipe, Rosauo San Felipe, 1uanito #udal and #enen Ta!bon"co, 1. 2o0eve, afte eceivin" P-.,333.33 fo! Ta!bon"co, 1., P--,333.33 fo! each of the San Felipe bothes and P4,333.33 fo! #udal, $auel ene"ed on he po!ises and 0ent into hidin". Veification 0ith the Philippine Oveseas 5!plo%!ent 'd!inistation *PO5'+ evealed that $auel 0as neithe licensed no authoi&ed to ecuit 0o6es fo oveseas e!plo%!ent. 1 #onse7uentl%, she 0as haled to cout and cha"ed 0ith la"e scale ille"al ecuit!ent.'ccused $auel did not den% the cha"e a"ainst he. Instead, 0hen called to the 0itness stand, she pesented an affidavit of desistance b% 1uanito #udal as 0ell as seveal eceipts, 58hs. 9.,9 9(,9 9:,9 9/9 and 94,9 si"ned b% the othe pivate co!plainants ac6no0led"in" pa%!ent b% he of the a!ounts ta6en fo! the! in 9full settle!ent9 of he obli"ation. 2 Thus, on the basis of these docu!ents, she !oved to dis!iss the case. ;ut the cout a quo denied he !otion on the "ound that the ele!ents of la"e scale ille"al ecuit!ent 0ee established be%ond easonable doubt thou"h the co!bined testi!onies of the fou *:+ offended paties. The cout a quo noted that the affidavit of desistance as 0ell as the eceipts fo pa%!ents !ade 0ee pepaed and si"ned afte the posecution had alead% ested its case. #onse7uentl%, the tial o confedeatin" 0ith one anothe in ca%in" out an% unla0ful o ille"al tansaction, entepise o sche!e defined unde the fist paa"aph heeof.Ille"al ecuit!ent is dee!ed committed in large scale if co!!itted against thee *(+ o !oe pesons individuall% o as a "oup *e!phasis supplied+.The lan"ua"e of the la0 is ve% clea that ille"al ecuit!ent is co!!itted in la"e scale if done against three or more persons individuall% o as a "oup. The nu!be of offendes, 0hethe an individual o a s%ndicate, is cleal% not consideed a facto in the dete!ination of its co!!ission. The ule is 0ell-settled that 0hen the lan"ua"e of the statute is clea, plain and fee fo! a!bi"uit% thee is no oo! fo atte!pted intepetation o e8tended cout ationali&ation of the la0. # The dut% ofthe cout is to appl% it, not to intepet it. 5 #ounsel fo accused-appellant 0as !isled b% the fact that ille"al ecuit!ent in la"e scale is defined i!!ediatel% afte ille"al ecuit!ent b% a s%ndicate. 2o0eve, the onl% eason theefo is that the% ae both consideed offenses involvin" econo!ic sabota"e as the la0 itself so povides. ;esides, 0e have affi!ed ti!e and a"ain the conviction of an individual fo la"e scale ille"al ecuit!ent. $'s e"ads the alle"ed desistance b% pivate co!plaints, 0e ule that althou"h an affidavit of desistance !a% be "iven due couse even if e8ecuted onl% on appeal, it !a% be "iven such cedit onl% 0hen special cicu!stances e8ist en"endein" doubt on the ci!inal liabilit% of the accused. % Othe0ise, 0ithout such special cicu!stances, couts loo6 0ith disfavo on affidavits of etaction 8 considein" the! as e8ceedin"l% uneliable. 9Thee is absolutel% nothin" in the affidavits of etaction e8ecuted b% pivate co!plainants 0hich ceates doubt on the "uilt of accused-appellant. The co!plainants !eel% alle"e that the% !ade a !ista6e and 9!isundestood the cicu!stances.9 10 2o0eve, aside fo! such s0eepin" state!ent as 9!isundestood the cicu!stances,9 no detail is "iven as to ho0 thei !ista6e o !isappehensionof cicu!stances can indicate absence of o at least cast doubt on the "uilt of accused-appellant. OnLEANGIE MORA 2Legal ResearchPEOPLE VS. LAURELthe conta%, 0e have eve% eason to conclude that the affidavits of etaction 0ee e8ecuted b% pivate co!plainants onl% because accused-appellant etuned the !one% ta6en fo! the! as evidenced b% the eceipts !a6ed as 58hs. 9.,9 9(,9 9:,9 9/9 and 94.9 11 's co!plainant Ricado San Felipe testified in cout= 9I 0ill 0ithda0, if the pa%!ents is *sic+ co!plete, si.9 12 Thus, "iven the eason fo thei desistance, the sole!n testi!onies "iven b% pivate co!plainants shall not be dise"aded fo it is a !atte of public inteest that eve% ci!e !ust be posecuted and the autho theeof penali&ed. 13?25R5FOR5, the Decision of the Re"ional Tial #out of Manila convictin" accused-appellant Flo N. $auel of ille"al ecuit!ent in la"e scale penali&ed unde 't. (), pa. *b+, in elation to 't. (,, pa. *a+, of the $abo #ode and sentencin" he to life i!pison!ent is 'FFIRM5D. 2o0eve, the potion of the appealed decision diectin" accused-appellant to pa% the balance of 0hat she had eceived fo! each of pivate co!plainants is D5$5T5D in vie0 of the full settle!ent of he civil liabilit% as ac6no0led"ed b% pivate co!plainants the!selves.SO ORD5R5D.Davide, Jr., Vitug, Panganiban and Quisumbing, JJ., concur.Foo&'o&e(- #etification dated (3 1ul% -,,. b% the PO5' *58h. 9'9+, Oi"inal Recods, p. )... 5nvelope of 58hibits.( Decision dated @ Mach -,,/ penned b% 1ud"e Ro!ulo '. $ope&, RT#-Manila, ;. (:A Rollo, pp. -/-.(.: ;asbacio v. Office of the Seceta%, Depat!ent of 1ustice, B.R. No. -3,::/, @ Nove!be -,,:, .() S#R' /, -3A $ibanan v. Sandi"anba%an, B.R. No. --.()4, -: 1une -,,:, .(( S#R' -4(, -4@A Victoia v. #OM5$5#, B.R. No. -3,33/, -3 1anua%-,,:, .., S#R' .4,, .@(./ #asela v. #out of 'ppeals, No. $-.4@/:, -4 Octobe -,@3, (/ S#R' .@,A Cui