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Illegal Recruitment Law in the Philippines

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Illegal Recruitment Law in the Philippines
Republic of the Philippines
Supreme Court
Manila

THIRD DIVISION PEOPLE OF THE PHILIPPINES, | | G.R. No. 170834 | Plaintiff-Appellee, | | | | | Present: | | | | | | YNARES-SANTIAGO, J., | | | Chairperson, | - versus - | | AUSTRIA-MARTINEZ, | | | CHICO-NAZARIO, | | | VELASCO, JR.,* and | | | REYES, JJ. | | | | ANTONIO NOGRA, | | Promulgated: | Accused-Appellant. | | August 29, 2008 | x - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x

D E C I S I O N

AUSTRIA-MARTINEZ, J.: Before the Court is an appeal from the Decision[1] dated August 31, 2005 of the Court of Appeals (CA) in CA-G.R. C.R. No. 00244 affirming the Judgment of the Regional Trial Court (RTC), Branch 19, Naga City in Criminal Case No. 98-7182, convicting Antonio Nogra (appellant) of large scale illegal recruitment under Section 6(m) in relation to Section 7(b) of Republic Act No. 8042 (R.A. No. 8042),[2] otherwise known as the “Migrant Workers and Overseas Filipinos Act of 1995.”[3] The inculpatory portion of the Information charging one Lorna G. Orciga and appellant with large scale illegal recruitment reads as follows: That sometime during the period of March 1997 to November, 1997 in the City of Naga, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, being the General Manager and Operations Manager of LORAN INTERNATIONAL OVERSEAS RECRUITMENT CO., LTD., with office at Concepcion Grande, Naga City, conspiring, confederating together and mutually helping each other, representing themselves to have the capacity to contract, enlist, hire and transport Filipino workers for employment abroad, did then and there willfully, unlawfully and criminally, for a fee, recruit and promise employment/job placement

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