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People vs. Adeser placement of workers, and (2) the offenders undertake any activity within
October 26, 2009 the meaning of recruitment and placement defined in Article 13(b) or any
II, J. QUISUMBING prohibited practices enumerated in Article 34 of the Labor Code. Under
Article 13(b), recruitment and placement refers to "any act of canvassing,
FACTS: enlisting, contracting, transporting, utilizing, hiring or procuring workers
and includes referrals, contract services, promising or advertising for
Sometime in November 2002, private complainant Josephine R. employment, locally or abroad, whether for profit or not." In the simplest
Palo met the spouses Tiongson, agents of Naples Travel and Tours. They terms, illegal recruitment is committed by persons who, without authority
introduced Palo to appellant Adeser, owner and general manager of from the government, give the impression that they have the power to
Naples, to discuss employment opportunities in Australia. After Palo made send workers abroad for employment purposes. The law imposes a higher
her payments, she was required to submit her resume and pictures and penalty when the crime is committed by a syndicate as it is considered as
was promised that she would be employed in three months. More than an offense involving economic sabotage. Illegal recruitment is deemed
three months passed, Palo was not deployed in Australia. Neither did she committed by a syndicate if carried out by a group of three (3) or more
get her Australian Visa. persons conspiring and/or confederating with one another in carrying out
any unlawful or illegal transaction, enterprise or scheme defined under the
ISSUE: first paragraph of Article 38 of the Labor Code.
LAWS INVOLVED:
RULING: