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People v. Hu Nenita Hu is the President of W/N Hu NO.

A conviction for large scale illegal Illegal recruitment is


GR No. Brighturn International Services, was recruitment must be based on a finding committed when two
182232 Inc. a land-based recruitment engaged in in each case of illegal recruitment of elements concur: (1) the
6 October agency duly licensed by the POEA recruitment three or more persons whether offender has no valid
2008 to engage in the business of in large individually or as a group. While it is license or authority
Chico- recruitment and placement of scale. true that the law does not require that required by law to
Nazario, J. workers abroad. Ethel Genoves, on at least three victims testify at the trial, enable him to lawfully
the other hand, worked as a nevertheless, it is necessary that there engage in the
consultant and marketing officer of is a sufficient evidence proving that the recruitment and
Brighturn. Aside from her stint at offense was committed against three or placement of workers;
Brighturn, she was also connected more persons. In the case at bar, the and (2) he undertakes
with Riverland Consultancy Service, prosecution failed to adduce sufficient any activity within the
another recruitment agency. evidence to prove that illegal meaning of “recruitment
Brighturn was authorized to recruit, recruitment was committed against and placement” defined
process, and deploy land-based three or more persons. The illegal under Article 13(b) of
workers for the period of 18 recruitment was committed against the Labor Code. The
December 1999 to 17 December only one person: Garcia, because Hu crime becomes Illegal
2001. referred Garcia to another agency Recruitment in Large
without the license or authority to do Scale when the
Genoves and Hu were charged with so. Illegal recruitment cannot foregoing two elements
Illegal Recruitment in Large Scale successfully attach to the allegations of concur, with the addition
following the complaint from 6 the others since they testified that they of a third element—the
people that they promised the accomplished their pre-employment recruiter committed the
latter employment/job placement requirements through Brighturn from same against three or
abroad and collected fees from June 2001 up to October of the same more persons,
them. However, when the job year, a period wherein Brighturn’s individually or as a
placements never materialized, the license to engage in recruitment and group.
complainants demanded that the placement was still in full force and
money they gave as placement fees effect. The act of referral, which
be returned to them. Hu was not means the act of passing
able to refund the same. However, failure of the prosecution to along or forwarding an
prove the guilt of Hu beyond reasonable applicant after an initial
Four of these complainants were doubt does not absolve her of her civil interview to a selected
promised employment during the obligation to return the money she employer, placement or
validity of Brighturn’s license. collected from the complainants. bureau, is included in
Garcia applied on April 2002, when Neither does her acquittal herein recruitment.
Brighturn’s license had already exempt her from subsequent criminal
expired. She was referred to Best prosecution for estafa provided that The absence of receipts
One, another recruitment agency, deceit, which is an essential element of in the case of illegal
but her placement fee was paid estafa, be proven by the prosecution. recruitment does not
with Brighturn. warrant the acquittal of
the appellant and is not
For her defense, Hu cited that the fatal to the prosecution’s
receipts that the complainants case. As long as the
showed her were issued by prosecution is able to
Riverland. She denied knowing establish through
Genoves. credible and testimonial
evidence that the
appellant had engaged in
illegal recruitment, a
conviction for the
offense can be very well
justified.

Obiter:
Ei incumbit probation qui
dicit non qui negat – he
who asserts, not he who
denies, must prove.

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