Contrary to human nature

Even with stiff penalties for illegal recruitment and with so many illegal recruiters already landing in jail, people seem to be undeterred in committing this deplorable crime apparently because they still believe they can get away with it through their defenses or explanations. This case of Jimmy gives us another novel defense.

Jimmy met Bambi on board an air-con bus while the latter was on her way to work as a company nurse in a big department store. He introduced himself to Bambi as a recruiter of workers for employment abroad and told Bambi that he could help her get employed as a nurse in L.A. California for a monthly salary of $2,000 because his sister is head nurse of a nursing home there. Jimmy further averred that he has connections with the US Embassy because he was a US FBI agent on official mission in the Philippines for one month so he could arrange for Bambi’s travel in two weeks time. But Jimmy said she had to pay $300 intended for the US consul. Jimmy then instructed Bambi to contact him if she was interested at his pager number he gave to Bambi.

Four days later, Jimmy fetched Bambi and they went to the latter’s house, where he met Dina’s parents and where Dina gave him photocopies of the transcript of records and PRC license. Then after one week Bambi gave Jimmy $300 and several pieces of jewelry she was selling which Jimmy promised to sell at the US Embassy. Jimmy however did not give Bambi any receipt for such amount and jewelry received. Thereafter Jimmy told Bambi to resign from work, as she was already booked with Northwest Airlines that will be leaving in three weeks time.

Jimmy repeated the same modus operandi and representations on Bambi’s cousin Dina when the latter visited Bambi on another date. Jimmy and Dina also met on different dates until Dina likewise parted with $300 without any receipt. As in Bambi’s case, Jimmy also went to meet Dina’s parents and obtained the required document. The same thing happened to Bambi’s friend Alona whom Bambi introduced to Jimmy.

Unfortunately, the three lady nurses were not able to leave for the US as Jimmy failed to show up on the scheduled date of the flight. They went to the supposed residence of Jimmy but nobody knew him there. They also inquired from the US Embassy where they found out that there was no such person connected there. Thus, Bambi, Dina and Alona went to the NBI and reported what happened to them.

After preliminary investigation Jimmy was charged with large-scale illegal recruitment based on the complaints of the three nurses. But he denied their story in court. He said that after he met Bambi at the air-con bus, they went out dating until Bambi became his girlfriend and confided to him that she wanted to leave her job. Jimmy however denied that he told Bambi he could get her a job in L.A. It was during this time Jimmy said that he met Bambi’s cousin Dina and her friend Alona. They were all seeking advice on how they could apply for jobs abroad. But for fear that he could be charged as recruiter, Jimmy told the court that he made them sign certifications to the effect that he never recruited them and that no money was involved. He even presented for the first time during the trial, the certifications of the three lady-nurses as exhibits although he later on admitted that they signed the exhibits because of his attempt to settle their complaints. He also denied having received $300 from each of them. In fact they could not present any receipt for said amount.

The trial court however still found Jimmy guilty beyond reasonable doubt of the crime of large-scale illegal recruitment that was subsequently affirmed by the Court of Appeals. Both courts found the testimonies of the complaining witnesses more credible and deserving of full probative weight. Were the trial court and the CA correct?

Yes. Jimmy’s reliance on the certi-fications purportedly signed by the complaining witnesses is misplaced. Said certifications are barren of credence and probative weight. It is unbelievable that Jimmy would not divulge said certi-fications prior to the trial and during the preliminary investigation. They were purportedly executed before the charges were filed against him. Knowing that he was already being charged, he should have brought out the certifications that were favorable to him. By failing to do so, he risks the adverse inference and legal presumption that, indeed such certi-fications were not genuine. It is so contra-ry to human nature that one would suppress evidence which would belie the charge against him. And as it turned out during the trial, Jimmy requested the complaining witnesses to sign the certifications merely to prove that he was settling the cases.

The lack of receipt or document signed by Jimmy where he acknowledged to have received money and other articles do not free him from criminal liability. Even in the absence of money or other valuables given as consideration for the "services" of Jimmy, the latter is considered as being engaged in recruitment activities. The act of recruitment may be for profit or not. It is sufficient that the accused promises or offers employment for a fee to warrant conviction for illegal recruitment. As long as the witnesses can positively show through their respective testimonies that the accused is the one involved in prohibited recruitment, like promising or advertising employment abroad without any license or authority and against three or more persons individually or as a group, he may be convicted of the offense despite the absence of receipts. So Jimmy was sentenced to life imprisonment, to pay a fine of P500,000 and to indemnify Bambi, Dina and Alona, the peso equivalent of $300 (People vs. Jamilosa, G.R. 169076, January 27, 2007).

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