People of the Philippines vs Manungas

A Summary of a Decision of the Supreme Court of the Philippines

G.R. No. 91552-55 March 10, 1994

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs.
FERNANDO MANUNGAS, JR. y GO @ "PERCY", accused-appellant.

Facts of the case:

In 1987, accused-appellant Fernando Manungas, Jr. recruited Wilfrey Mabalot, Danilo Ramirez, Leonardo Estanoco and Crisanto Collado to work as janitors in Saudi-Arabia. In connection with this, Fernando required the applicants the several amounts for medical, placement and other fees. The applicants failed to be deployed to Saudi however, and upon verification with POEA, they found out that Fernando was not a licensed recruiter. Complainants filed complaints of Estafa and Illegal Recruitment on a Large Scale against Fernando. Fernando maintained that he was not illegally recruiting because he was connected with a duly licensed recruitment agency, and that only because the job openings was subsequently awarded to another recruitment agency that the applicants he recruited were not able to leave for Saudi.

Issue:

Whether or not Fernando was guilty of Illegal Recruitment on a Large Scale, given the circumstances.

Ruling:

The Supreme Court ruled that Fernando, despite of his being connected with a licensed recruitment agency, was still guilty of illegal recruitment under the Labor Code, because he performed the acts of recruitment as defined in Article 13 of the Labor Code, by himself. He was the one who recruited the applicants, and he was the one who required of them the fees he collected himself. Illegal recruitment was also qualified because he recruited more than three persons.



Kristine Hermosa