The SUN HK : SC jails illegal recruiter for up to 14 years, plus 1M fine

The SC upholds prison sentence but raises fine to P1million

The Philippine Supreme Court has upheld the conviction of a man for illegal recruitment and estafa, and sentenced him to an indeterminate sentence of up to 14 years in prison, and fine of Php1 million.

The decision affirmed the Court of Appeals’ finding that Lee Saking y Anniban alias Lee Saking Aniban was guilty of duping complainant John Denver Palasi into giving him a vehicle and P110,000 to process papers for a non-existent job in Australia 10 years ago.

But in the decision penned by Justice Jhosep Y. Lopez, the SC decided to raise the P200,000 imposed by both the CA and LaTrinidad, Benguet Regional Trial Court for the charge of estafa, to P1million.

PINDUTIN PARA SA DETALYE!

Saking was convicted in the trial court of one count each of illegal recruitment and estafa, but acquitted him of the third charge of carnapping.

In his complaint, Palasi said he met Saking in 2013 at a car repair shop in La Trinidad where he was having his Mitsubishi Delica van repaired. Saking said he was looking for people interested to work as apple and grape pickers in Australia, and were willing to pay the placement fee of P300,000.

Palasi got interested in the job offer, and as he did not have enough the money for the placement fee, offered his van plus an additional P100,000 in cash.

PINDUTIN PARA SA DETALYE

Saking made Palasi fill out the forms and collected his passport. Palasi paid a total of P110,000 in three instalments, but Saking did not give him any official receipt.

Once, Palasi said he was taken by Saking to Practice Agency which supposedly processed his papers, but the recruiter left him the car.

After Palasi paid the entire amount of P100,000 he could no longer contact Saking, so he went to Practice Agency and was surprised to learn that he had no pending application with them.

PINDUTIN PARA SA DETALYE

Palasi sought help at the Philippine Overseas Employment Agency and was informed that Saking was not licensed to recruit workers for overseas employment.

Later he learned that Saking took his van from the car repair shop without his knowledge, and had sold it to a certain Ernesto Buya. Palasi recovered the vehicle after showing documents to prove his ownership.

In his testimony Palasi admitted failing to check on Saking’s claim that he was a licensed recruiter, and of going to Practice Agency only after failing to contact the defendant.

PINDUTIN PARA SA DETALYE

A witness for the prosecution, Alberto P. Silvada, was the mechanic who repaired Palasi’s van. He confirmed that Palasi did not authorize him to turn over the vehicle to Saking. However, the latter requested to test-drive the car and no longer returned.

No witness was presented for the defense during the trial.

In its decision, the SC found Saking guilty of the crime of illegal recruitment under Sections 6 and 7 of Republic Act No. 8042 (RA 8042), or the Migrant Workers and Overseas Filipinos Act of 1995, as amended by RA 10022, and of estafa under Article 315, paragraph 2(a) of the Revised Penal Code (RPC), as amended by RA No. 10951.

The SC held that the prosecution was able to prove the elements of illegal recruitment against the defendant. Apart from not having a license or authority to recruit and place workers, Saking promised or offered overseas employment to Palasi, in exchange for a placement fee.

On the charge of estafa, the SC affirmed that all the elements of the offence were present in the case, including (1) use of false pretense or fraud; (2) the fraudulent acts were committed prior to or simultaneously with the commission of the fraud; (3) the offended party relied on the fraudulent acts to part with money or property, and (4) as a result, the offended party suffered damage.

In this case, Saking committed false pretense when he claimed to be someone who could help Palasi work in Australia, as a result of which Palasi lost his vehicle as well as the sum of P100,000.

For the crime of illegal recruitment, the Court sentenced Saking to suffer an indeterminate penalty of imprisonment of 12 years and one day, as minimum, to 14 years as maximum, and to pay a fine of PhP1M. The increase in the fine was in line with the amendments brought about by R.A. No. 10022.

For estafa, the Court sentenced Saking to two months and one day of arresto mayor, as minimum, to one year and one of prison correccional, as maximum.

Saking was also ordered to pay Palasi PhP85,000 with legal interest at the rate of six percent per year from the filing of the Information until the finality of the decision.

Full text of the decision is in G.R. No. 257805 (Saking v. People, April 12, 2023): https://sc.judiciary.gov.ph/257805-lee-saking-y-anniban-lee-saking-sanniban-vs-people-of-the-philippines/