PEOPLE OF THE PHILIPPINES, vs. CARMELITA PUERTOLLANO COMIA.
- G.R. Number: G.R. No. 109761
- Promulgated: 1994-09-01
- Ponente: Davide, Jr., J.
Doctrine
Recruitment and placement covers canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers and includes referrals, contract services, promises or advertising for employment; offering or promising employment for a fee to two or more persons is deemed recruitment and placement.
When the issue is credibility of witnesses, the trial court is the best judge; appellate courts will generally not disturb such findings unless the trial court plainly overlooked material facts.
Where restitution amounts proven were omitted in the dispositive portion of the appealed decision, the appellate court may modify the judgment to decree restoration to the complainants of the amounts shown in the record.
Facts
The accused, Carmelita Puertollano Comia, was charged with illegal recruitment in large scale for falsely representing she could contract, enlist and recruit workers for employment abroad; information filed in the Regional Trial Court of Makati as Criminal Case No. 91-6443 (Branch 141) (trial court decision promulgated 4 February 1993).
Complainants who testified were Fe Dadap (who later withdrew), Susana Belloso, Marilyn Bibar, Sandra Cosart, and Remedios Asis; except Dadap, they testified the accused defrauded them of sizeable cash on assurance of janitorial jobs in Hongkong.
The trial court found the accused guilty beyond reasonable doubt and sentenced her (penalty text truncated in record excerpt), and the appeal was dismissed as without merit by the Court.
Issues
Whether the accused was properly found guilty beyond reasonable doubt of illegal recruitment in large scale.
Whether the accused must restore/reimburse the amounts obtained from the complainants.
Ruling
The Court affirmed the Regional Trial Court's conviction of the accused for illegal recruitment; the appeal was without merit and the trial court's factual findings, particularly witness credibility, were upheld.
The Court modified the appealed decision to order restitution: Comia must restore P6,270.00 to Marilyn Bibar; P6,547.00 to Susana Belloso; P6,800.00 to Sandra Cosart; and P6,970.00 to Remedios Asis; costs against the accused.
Keywords
G.R. No. 109761, illegal recruitment in large scale, Article 38 (a) and (b) Labor Code, Article 39 (a) Labor Code, life imprisonment, P100,000.00 fine, fraud, Philippine Overseas Employment Administration (POEA) certification, power to contract, enlist, and recruit workers for employment abroad, falsely representing capacity to recruit, Regional Trial Court of Makati, Criminal Case No. 91-6443, testified in open court, evidence for the prosecution, beyond reasonable doubt, defruded, Philippine National Police (PNP), National Bureau of Investigation (NBI), janitorial jobs in Hongkong, accused