Topic: What constitutes recruitment PEOPLE vs. HON. JUDGE DOMINGO P NI! an" !E# PIO $UG %G.#.

Nos. L&'()*+&**. Ju,- ../ .001.2 Ponente: CRUZ, J.: Nature: This is a petition for certiorari seeking to set aside the order of the trial quashing the information in favor of the private respondent. 3acts: Four informations were filed on Januar !, "!#" alleging that provate respondent $erapio %&ug violated of %rticle "' in relation to %rticle (! of the )a&or Code for operating a private fee charging emplo ment agenc without first securing a license from the *inistr of )a&or. %&ug filed a motion to quash on the ground that the informations did not charge an offense &ecause he was accused of illegall recruiting onl one person in each of the four informations. %&ug claims that under the proviso in %rticle "(+&,, there would &e illegal recruitment onl -whenever two or more persons are in an manner promised or offered an emplo ment for a fee. - The view of the private respondents is that to constitute recruitment and placement, all the acts mentioned in this article should involve dealings with two or more persons as an indispensa&le requirement. .n the other hand, the petitioner argues that the requirement of two or more persons is imposed onl where the recruitment and placement consists of an offer or promise of emplo ment to such persons and alwa s in consideration of a fee. The other acts mentioned in the &od of the article ma involve even onl one person and are not necessaril for profit. /enied at first, the motion was reconsidered and finall granted in the .rders of the trial court. 0ence a petition for certiorari was filed. Issue: 1hether or not private respondent is correct in his interpretation of recruitment and placement under %rticle "(+&, of 2./. 334, otherwise known as the )a&or Code. #u,in4: 5.. 5either interpretation is accepta&le. For its part, the petitioner does not e6plain wh dealings with two or more persons are needed where the recruitment and placement consists of an offer or promise of emplo ment &ut not when it is done through -canvassing, enlisting, contracting, transporting, utili7ing, hiring or procuring +of, workers. The provision was intended neither to impose a condition on the &asic rule nor to provide an e6ception thereto &ut merel to create a presumption. The presumption is that the individual or entit is engaged in recruitment and placement whenever he or it is dealing with two or more persons to whom, in consideration of a fee, an offer or promise of emplo ment is made in the course of the -canvassing, enlisting, contracting, transporting, utili7ing, hiring or procuring +of, workers. The num&er of persons dealt with is not an essential ingredient of the act of recruitment and placement of workers. %n of the acts mentioned in the &asic rule in %rticle "(+&, will constitute recruitment and placement even if onl one prospective worker is involved. The proviso merel la s down a rule of evidence that where a fee is collected in consideration of a promise or offer of emplo ment to two or more prospective workers, the individual or entit dealing with them shall &e deemed to &e engaged in the act of recruitment and placement. The words -shall &e deemed- create that presumption. This is not unlike the presumption in article 4"8 of the Revised 2enal Code, for e6ample, regarding the failure of a pu&lic officer to produce upon lawful demand funds or propert entrusted to his custod . $uch failure shall &e prima facie evidence that he has put them to personal use9 in other words, he shall &e deemed to have malversed such funds or propert . :n the instant case, the word -shall &e deemed- should & the same token &e given the force of a disputa&le presumption or of prima facie evidence of engaging in recruitment and placement. +;lepp vs. .din Tp., *c0enr Count 3< 5/ 5.1. ("(, ("3., %t an rate, the interpretation here adopted should give more force to the campaign against illegal recruitment and placement, which has victimi7ed man Filipino workers seeking a &etter life in a foreign land, and investing hard= earned savings or even &orrowed funds in pursuit of their dream, onl to &e awakened to the realit of a c nical deception at the hands of theirown countr men. Dispositive Portion: 10>R>F.R>, the .rders of June 43, "!#", and $eptem&er "8, "!#", are set aside and the four informations against the private respondent reinstated. 5o costs. $. .R/>R>/.