Case Digest: People vs. Bartolome (G.R. No. 129486; July 4, 2008)

G.R. No. 129486             July 4, 2008

PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs.
GLORIA BARTOLOME, accused-appellant.

Facts:

Gloria Bartolome and Lidelia Capawan were charged with 4 counts of Illegal Recruitment and 4 counts of Estafa when the two allegedly conspired with each other in recruiting 4 private complainants: F. Rollon, R. Dimatulac, E. Buhay and R. Rollon and promising them job placements abroad; and receiving from each of them certain amounts for such purpose without license and/or authority to do so by DOLE.

Capawan remained at large while Bartolome was arraigned and made to face the charges. In Bartolome’s defense, she argued that that she is only being blackmailed by complainants because the wife of her brother-in-law is related to Capawan; it was Capawan who did the recruiting; and that she too is a victim of Capawan.

RTC: Convicted beyond reasonable Ground on all counts

         8yrs and fine P50k -  each for the Illegal recruitment charges

          (6) years, (8) months and 21 days to (8) years – each for the estafa charges

CA: Affirmed RTC with modification.

         The CA increased the penalty to Life imprisonment and a fine of P100k 3   as convict’s crime was classified as Illegal Recrtuiment in a large scale and is considered as involving economic sabotage.

ISSUE: Whether or not Bartolome is guilty of Large Scale Illegal Recruitment

RULING:

         Bartolome is guilty of Large Scale Illegal Recruitment (Art. 39(a) of the Labor Code)

         The Court Ruled that all the elements of Illegal Recruitment were present: First, the offender does not have the required license or authority to engage in the recruitment and placement of workers. Second, the offender undertook (1) recruitment and placement activity defined under Article 13(b) of the Labor Code or (2) any prohibited practice under Art. 34 of the same code.  The acts of Illegal recruitment were further qualified into large scale, because  three or more persons, individually or as group, were victimized.

The first element was present because Bartolome failed to show any license to recruit or engage in placement activities.

The second element was likewise present, when she and Capawan gave the impression that they are capable of sending the four private complainants to Bahrain. All four corroborate each other’s testimony that Bartolome promised employment for a fee. Bartolome even testified that she knew private complainants since childhood and even described them to be “not misbehaving pr perjurious people”. The RTC and CA found their testimony to be believable and the same meets the standard of proof beyond reasonable doubt.

Bartolome’s defense of conveniently passing the blame on Capawan cannot stand. Her version being self-serving and gratuitous. Furthermore, her denial cannot prevail over the positive declaration of the prosecution witnesses.



______
Side issues:

After losing before the Court of Appeals...

*Bartolome's Illegal Recruitment cases were forwarded to the Supreme Court in view of the penalty imposed.

*Bartolome filed a Motion for Reconsideration and, subsequently, a Petition for Review on the CA resolution regarding the Estafa cases. The Petition for Review was dismissed by the CA on the ground, among others, non-compliance with the requirements on making a deposit to answer for cost. The CA desicion, convicting accuse was final and executory and was for all intents and purposes deemed affirmed with finality)

*Bartolome was out on bail. The bondsman failed to bring her to court within 30 days pursuant to Administrative Circular No. 212-9.  Her withdrawing lawyer could not locate her. The NBI and police officers could not serve her warrant. She is deemed to have jumped bail.

Categories: Case Digest: People vs. Bartolome, illegal recruitment, Labor