In a case of illegal recruitment in large scale, the trial court found the appellant guilty beyond reasonable doubt of the crime and sentenced her to suffer the indeterminate penalty of six (6) years and one (1) day as minimum to eight (8) years as maximum, and to pay a fine in the amount of P200,000.00 with subsidiary liability in case of insolvency.
Was the penalty imposed correct?
No.
The Migrant Workers and Overseas Filipinos Act of 19951SEC. 6. Definition. – x x x (m) Failure to reimburse expenses incurred by the worker in connection with his documentation and processing for purposes of deployment, in cases where the deployment does not actually take place without the worker’s fault. Illegal recruitment when committed by a syndicate or in large scale shall be considered an offense involving economic sabotage; and (n) To allow a non-Filipino citizen to head or manage a licensed recruitment/manning agency. Illegal recruitment is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another. It is deemed committed in large scale if committed against three (3) or more persons individually or as a group. provides that illegal recruitment shall be considered an offense involving economic sabotage if committed in large scale, viz., committed against three or more persons individually or as a group.
Under the same law,2SEC. 7. Penalties. – x x x (b) The penalty of life imprisonment and a fine of not less than Two million pesos (P2,000,000.00) nor more than Five million pesos (P5,000,000.00) shall be imposed if illegal recruitment constitutes economic sabotage as defined therein. (as amended by Republic Act No. 10022) the penalty of life imprisonment and a fine of not less than Two Million Pesos (P2,000,000.00) nor more than Five Million Pesos (P5,000,000.00) shall be imposed if illegal recruitment constitutes economic sabotage.
In the present case, six (6) private complainants testified against appellant’s acts of illegal recruitment, thereby rendering her acts tantamount to economic sabotage.
For the crime of illegal recruitment in large scale, the penalty of life imprisonment and a fine of not less than Two Million Pesos (P2,000,000.00) nor more than Five Million Pesos (P5,000,000.00) with subsidiary liability in case of insolvency ought to have been imposed against the appellant.
Further reading:
- People v. Solina, G.R. No. 196784, January 13, 2016.
