327 Cases Penned by Associate Justice Amy Lazaro-Javier: 2025 Bar Examination
Is the unauthorized recruitment of multiple individuals
for overseas employment, resulting in fraudulent acts and estafa, punishable as
illegal recruitment in large scale and estafa under Philippine laws?
Title: People of the Philippines vs. Irene Marzan and
Fely Dulay
G.R. No.: 227093
Date of Promulgation: September 21, 2022
Facts of the Case:
Irene Marzan and Fely Dulay were charged with multiple
criminal cases involving illegal recruitment and estafa. These cases arose from
their fraudulent promise to send several complainants abroad for employment,
specifically to South Korea, without the proper license or authority from the
Philippine Overseas Employment Administration (POEA). They collected large sums
of money as placement fees from multiple individuals who sought overseas
employment.
From March to July 2006, Marzan, Dulay, and their
co-conspirators recruited and collected placement fees from more than 30
individuals. They assured their victims of employment abroad, but the promised
deployment never materialized. When the victims learned that Marzan and Dulay
had no authority to recruit for overseas employment, they sought legal
recourse.
The case was first heard by the Regional Trial Court
(RTC) of Tayug, Pangasinan, which convicted both Marzan and Dulay of illegal
recruitment in large scale and multiple counts of estafa. On appeal, the Court
of Appeals affirmed their convictions, but Marzan elevated the case to the
Supreme Court.
Issue:
Did Irene Marzan and Fely Dulay commit the crimes of
illegal recruitment in large scale and estafa under the Revised Penal Code and
Republic Act No. 8042 (Migrant Workers and Overseas Filipinos Act of 1995)?
Ruling of the Supreme Court:
The Supreme Court affirmed the conviction of Irene Marzan
and Fely Dulay for illegal recruitment in large scale under Section 6 of
Republic Act No. 8042. Illegal recruitment in large scale is committed when a
non-licensee recruits three or more persons for overseas employment. The Court
also upheld the conviction of the accused for multiple counts of estafa under
Article 315 of the Revised Penal Code for deceitfully obtaining money from the
complainants in exchange for false promises of overseas employment.
The testimonies of the complainants were found credible,
showing that Marzan and Dulay, without proper authority, actively recruited the
victims and collected large sums of money under the pretense of employment
abroad. Despite the defense’s denials, the prosecution presented overwhelming
evidence that the accused misrepresented themselves and their capabilities to
provide jobs, causing financial harm to their victims.
Dispositive Portion:
The Supreme Court affirmed the decisions of the lower
courts with modifications. The accused were sentenced to life imprisonment for
illegal recruitment in large scale and to varying terms of imprisonment for
estafa, depending on the amounts involved in each case. They were also ordered
to pay restitution to the victims, amounting to the sums they had unlawfully
collected.
Is the punishment for illegal recruitment in large
scale sufficient to deter similar large-scale employment scams in the
Philippines?
Important Doctrines:
- Illegal
Recruitment in Large Scale (RA 8042):
Recruitment without the proper license or authority is illegal. When committed against three or more persons, it constitutes illegal recruitment in large scale, which is punishable by life imprisonment and fines. - Estafa
under Article 315 of the Revised Penal Code:
Estafa is committed when a person defrauds another by false pretenses or fraudulent acts. In this case, the accused were found guilty of estafa for promising jobs abroad and collecting fees without fulfilling their obligations. - Syndicated
Illegal Recruitment:
If illegal recruitment is carried out by a group of three or more individuals working in conspiracy, it qualifies as syndicated illegal recruitment, subject to harsher penalties under the law.
Classification of Case: Criminal Law
From <https://chatgpt.com/g/g-ipZC0xKZ1-case-digest/c/66eebda3-5b50-800a-9485-79887e560ee1>
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🎓 INTRODUCTION (Expert
Philippine Law Professor Style)
Welcome to this legal briefing dedicated to the landmark
case of People of the Philippines vs. Irene Marzan and Fely Dulay, G.R. No.
227093, promulgated on September 21, 2022. This content will dissect the core
doctrines and rulings of the Supreme Court to assist law students, bar
examinees, and legal practitioners in grasping key jurisprudential
principles—especially on Illegal Recruitment in Large Scale and Estafa.
🧠 The primary issue
resolved was: Can an unlicensed individual be held criminally liable for
recruiting multiple persons for overseas work under false pretenses?
📌 The Supreme Court
affirmed the conviction, emphasizing that unauthorized recruitment of three or
more persons constitutes Illegal Recruitment in Large Scale under R.A. 8042.
💬 Should the law
impose heavier civil liability on illegal recruiters to better compensate
victims? Let us know in the comments!
📜 NATURE OF THE CASE:
- Nature:
Criminal Law – Illegal Recruitment in Large Scale and Estafa
- Title:
People of the Philippines vs. Irene Marzan and Fely Dulay
- G.R.
No.: 227093
- Date
of Promulgation: September 21, 2022
📚 10 IMPORTANT DOCTRINES
- Illegal
Recruitment in Large Scale Defined
Under Section 6, R.A. 8042, recruiting three or more persons without POEA authority constitutes large-scale illegal recruitment.
(See: Supreme Court Decision, p. 85-86) - Elements
of Illegal Recruitment
Must prove: (1) accused undertook recruitment; (2) without POEA license; and (3) against at least three victims.
(Referenced in Decision discussing Criminal Case No. T-4200) - Syndicated
vs. Large Scale Recruitment
Syndicated involves three or more recruiters, while large scale involves three or more victims. Either aggravates the offense.
(Decision, p. 86) - Conspiracy
in Estafa
When multiple persons act with shared intent to defraud, conspiracy is established—even without direct evidence.
(Criminal Case Nos. T-4223 and T-4231) - Deceit
as Core Element in Estafa
Deceit must induce a victim to part with money/property. Failure to deploy after false promises satisfies this.
(Criminal Case No. T-4203, T-4207, etc.) - No
License = Strict Criminal Liability
Non-possession of a POEA license removes the accused's ability to claim good faith in recruitment.
(Ruling: Marzan and Dulay's lack of license confirmed by DOLE) - Receipts
Not Required for Estafa Conviction
Absence of receipts doesn't negate estafa if oral and testimonial evidence shows payment and deceit.
(As testified by Aristotle De Vera, Nelson Compay, et al.) - Failure
to Deploy is Material Damage
The non-deployment of recruits, coupled with financial loss, constitutes the required damage in estafa.
(Criminal Case No. T-4273 and T-4373) - Silence/Disappearance
= Evidence of Fraud
When recruiters disappear after collecting money, courts infer fraudulent intent.
(Testimony of Remo Pontanos, Evita Tome) - Affirmation
of RTC and CA on Credibility
Supreme Court consistently upholds lower courts’ findings when witness testimonies are direct, categorical, and credible.
(Final Decision, p. 96)
❓ FREQUENTLY ASKED QUESTIONS
(FAQs)
Q1: What is illegal recruitment in large scale?
A: It’s the recruitment of three or more persons for work
abroad by someone without a POEA license.
Q2: Can someone be convicted of estafa and illegal
recruitment at the same time?
A: Yes, they are separate offenses and can be prosecuted
simultaneously.
Q3: Is a written receipt needed to prove estafa?
A: No. Testimonies and other circumstantial evidence can
suffice.
Q4: What is the penalty for illegal recruitment in large
scale?
A: Life imprisonment and a fine of ₱1,000,000, as ruled in
this case.
Q5: What is the significance of this case?
A: It affirms the government’s zero-tolerance against
fraudulent overseas job offers.
📌 CASE: People of the
Philippines vs. Irene Marzan and Fely Dulay
📎 G.R. No. 227093 | 📆
Promulgated: September 21, 2022
📢 DISCLAIMER: This video
is for educational purposes only. It is not a substitute for professional legal
advice. Content was generated with the help of premium artificial intelligence
and is not guaranteed to be infallible.
From <https://chatgpt.com/g/g-ipZC0xKZ1-case-digest/c/66eebda3-5b50-800a-9485-79887e560ee1>
🎓 QUIZZER INTRODUCTION –
CRIMINAL LAW (ILLEGAL RECRUITMENT AND ESTAFA)
Welcome, future lawyers! In this short quizzer, we will
focus on a landmark criminal case in Philippine jurisprudence involving Illegal
Recruitment in Large Scale and Estafa. This quizzer is based on the
case People of the Philippines vs. Irene Marzan and Fely Dulay, G.R.
No. 227093, promulgated by the Supreme Court on September 21, 2022.
The nature of the case is Criminal Law, specifically
violations of Illegal Recruitment in Large Scale under the Migrant
Workers and Overseas Filipinos Act, and multiple counts of Estafa
involving fraudulent recruitment for employment abroad.
In this case, accused Irene Marzan and Fely Dulay
were charged with recruiting numerous individuals for non-existent jobs in
South Korea, despite not having any license or authority to do so. They
collected large amounts of money from hopeful applicants and never deployed
them. The trial court convicted them, and this was later affirmed by the Court
of Appeals. The case eventually reached the Supreme Court.
The Supreme Court affirmed the convictions for both Illegal
Recruitment in Large Scale and Estafa, ruling that the accused acted
without legal authority and used false pretenses to collect money from multiple
victims. The Court emphasized the importance of protecting overseas job seekers
from fraudulent schemes.
📌 Stay tuned! The
answer key will be revealed at the end of this video. Let's get started!
🔥 EASY HOTS (HIGHER ORDER
THINKING SKILLS) MULTIPLE CHOICE QUESTIONS (MCQs)
- What
was the main reason the accused were found guilty of illegal recruitment?
- A.
They overcharged placement fees.
- B.
They recruited workers for South Korea without a license.
- C.
They failed to provide training for the recruits.
- D.
They employed minors.
- What
element made the crime “Illegal Recruitment in Large Scale” in the eyes
of the court?
- A.
The accused operated under a business name.
- B.
The accused promised high salaries.
- C.
The recruitment involved three or more victims.
- D.
The accused used fraudulent job contracts.
- Why
did the Supreme Court uphold the conviction for estafa?
- A.
The accused misrepresented themselves and collected fees without
fulfilling their promises.
- B.
The accused had existing pending cases.
- C.
The complainants signed blank contracts.
- D.
The recruitment was done online.
- Which
of the following is NOT a factor considered by the Supreme Court in
affirming the conviction?
- A.
Positive identification by the victims
- B.
Receipts of payments issued
- C.
Confession of guilt by the accused
- D.
Testimonies of multiple complainants
- The
accused claimed they were merely helpers and had no active role in
recruitment. What did the Court say about this defense?
- A.
It was accepted due to lack of evidence.
- B.
It was irrelevant to the main issue.
- C.
It could not stand against credible and positive testimonies.
- D.
It was proven through official documents.
- How
did the complainants first realize they had been defrauded?
- A.
They were given fake passports.
- B.
They were denied boarding at the airport.
- C.
They confirmed with DOLE and POEA that the accused were unauthorized
recruiters.
- D.
They were detained by immigration officers.
- What
was the impact of the accused’s failure to object to the duplicity of
charges in some information?
- A.
The cases were dismissed.
- B.
They were only convicted for one offense per case.
- C.
The court convicted them for all the offenses charged and proven.
- D.
The charges were consolidated into one.
- What
action did many complainants take after being defrauded?
- A.
Filed a civil case for damages
- B.
Went to the media for public exposure
- C.
Filed a complaint at the NBI
- D.
Sought employment elsewhere
- What
was one of the strongest evidence considered by the courts in convicting
the accused?
- A.
Their social media posts
- B.
Medical examination receipts
- C.
Direct testimonies of the victims about meetings and payments
- D.
Their business registration certificates
- What
sentence did the Supreme Court affirm for the offense of illegal
recruitment in large scale?
- A.
Reclusion temporal
- B.
Life imprisonment
- C.
Arresto mayor
- D.
Death penalty
From <https://chatgpt.com/g/g-ipZC0xKZ1-case-digest/c/66eebda3-5b50-800a-9485-79887e560ee1>
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