PEOPLE V.

CALONZO

FACTS: Calonzo, through his R.A.C. Business Agency, told the five complainants that he can help them
find work in Italy. He collected money from the complainants as processing fee. Although they were able
to pay the processing fee that Calonzo asked for, the latter was not able to send them to Italy. It was
later verified from the POEA that Calonzo was not licensed or authorized to recruit. Thus, they charged
Calonzo with Illegal Recruitment in Large Scale and five (5) counts of Estafa.

Issue: WON Calonzo is guilty of Illegal Recruitment in Large Scale and Estafa

Ruling: YES.

Illegal recruitment in large scale is committed when a person "(a) undertakes any recruitment activity
defined under Article 13(b) or any prohibited practice enumerated under Article 34 of the Labor Code;
(b) does not have a license or authority to lawfully engage in the recruitment and placement of workers;
and (c) commits the same against three or more persons, individually or as a group."

Firstly, Calonzo made his recruits believe that jobs are waiting for them in Italy by representing to them
that he had the facility to send them abroad; however, Danilo and Reydante were never sent to Italy.
Secondly, POEA certified that Calonzo was not licensed to recruit workers for abroad.

Estafa
We ruled in People v. Turda 4 that recruitment of persons for overseas employment without the
necessary recruiting permit or authority from the POEA constitutes illegal recruitment; however, where
some other crimes or felonies are committed in the process, conviction under the Labor Code does not
preclude punishment under other statutes. In People v. Romero 5 we said that the elements of estafa
were: (a) that the accused defrauded another abuse of confidence or by means of deceit, and (b) that
damage or prejudice capable of pecuniary estimation is caused to the offended party or third person.

Here, the elements of estafa are also present. Calonzo defrauded his recruits through deceit by making
them believe that he could provide them employment in Italy. Because of his misrepresentations, the
recruits were made to part with their hard-earned money. With deceit and damage present, estafa was
also committed.

PEOPLE v. CHOWDURY

FACTS:

Chowdury was charged with illegal recruitment in large scale by three complainants who applied with
Craftrade for employment as factory worker in South Korea. He was convicted by the trial court based
on the fact that he was not registered with the POEA as employee of Craftrade. For his defense,
Chowdury testified that he worked as interviewer. He was merely an employee of Craftrade and he only
performed the tasks assigned to him by his superiors. He argues that the ones who should be held liable
for the offense are the officers having control, management and direction of the agency.
ISSUE: whether accused-appellant knowingly and intentionally participated in the commission of the
crime charged.

Held: As stated in the first sentence of Section 6 of RA 8042, the persons who may be held liable for
illegal recruitment are the principals, accomplices and accessories. An employee of a company or
corporation engaged in illegal recruitment may be held liable as principal, together with his
employer,24 if it is shown that he actively and consciously participated in illegal recruitment.

We find that the prosecution failed to prove that accused-appellant was aware of Craftrade's failure to
register his name with the POEA and that he actively engaged in recruitment despite this knowledge.
The obligation to register its personnel with the POEA belongs to the officers of the agency.32 A mere
employee of the agency cannot be expected to know the legal requirements for its operation.