FACTS: Gonzales-Flores was found guilty of illegal recruitment as seamen three different people at the same time and collecting money from them without the necessary license. The complainants filed a complaint after they tried to follow-up their applications and nothing happened for three months and they found out from the POEA that the accused wasn’t licensed. The evidence consisted of the complainant’s testimonies and testimonies of other witnesses. Accused now argues that the Court didn’t have enough evidence to convict her.
ISSUE: W/N the Court had enough evidence to convict the accused.
HELD: The SC upholds the conviction. The elements of illegal recruitment in large scale are: (1) the accused engages in acts of recruitment and placement of workers; (2) the accused has no license or an authority to recruit and deploy workers, either locally or overseas; and (3) the accused commits the unlawful acts against three or more persons, individually or as a group. All the conditions are present. The evidence shows that she could do something to get their applications approved. Accused contends that all she did was to refer the complaints but the Labor Code, recruitment includes “referral” which is defined as the act of passing along or forwarding an applicant for employment after initial interview of a selected application for employment or a selected employer, placement after initial interview of a selected applicant for employment to a selected employer, placement officer, or bureau. Also she did more than just make referrals, she actively and directly enlisted complainants for employment aboard, when promising jobs as seamen, and collected money.
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