PEOPLE OF THE PHILIPPINES vs. ERLINDA A.

SISON
G.R. No. 187160, August 9, 2017

CARPIO, J.:

Facts: Casuera and Magalona met appellant and the latter briefed Castuera on the
requirements for working as a fruit picker in Australia. She introduced Castuera to another
man who related that he was able to go to Australia with her help. She also showed
Castuera pictures of other people she had supposedly helped to get employment in
Australia. Appellant further narrated that a couple she had helped had given her their car
as payment. Because of her representations, Castuera believed in her promise that she
could send him to Australia. Appellant asked Castuera for ₱180,000 for processing his
papers.

Appellant, however, failed to secure an Australian visa for Castuera. Together with
Dedales and Bacomo, appellant convinced Castueara that that it was difficult to get an
Australian visa in the Philippines so they had to go to Malaysia or in Indonesia to get one.
Subsequently, Castuera's application for an Australian visa in Indonesia was denied.
Dedales asked for US$1,000 for the processing of his U.S. visa, which he paid. However,
when his U.S. visa came, Castuera saw that it was in an Indonesian passport bearing an
Indonesian name. Because of this, Castuera decided to just return to the Philippines.

Issue: Whether or not appellant is guilty of syndicated estafa.

Ruling: Yes. Illegal recruitment is deemed committed by a syndicate carried out by a

group of three (3) or more persons conspiring or confederating with one another. Under
RA 8042, a non-licensee or non-holder of authority commits illegal recruitment for
overseas employment in two ways: (1) by any act of canvassing, enlisting, contracting,
transporting, utilizing, hiring, or procuring workers, and includes referring, contract
services, promising or advertising for employment abroad, whether for profit or not; or (2)
by undertaking any of the acts enumerated under Section 6 of RA 8042.

In this case, appellant herself admits that she has no license or authority to undertake
recruitment and placement activities. Since it was proven that the three accused were
acting in concert and conspired with one another, their illegal recruitment activity is
considered done by a syndicate, making the offense illegal recruitment involving
economic sabotage.

Ratio Decidendi: It is not essential that there be actual proof that all the conspirators
took a direct part in every act.

Gist: This is an appeal from the Decision of the CA which affirmed the Decision of the
RTC finding Sison guilty beyond reasonable doubt of (1) violation of Section 6, in relation
to Section 7, of Republic Act No. 8042 or illegal recruitment involving economic sabotage.