The Supreme Court (SC) has affirmed the life imprisonment and the fine of P5 million imposed on a large-scale illegal recruiter who hired and collected fees from several overseas job applicants in 2015 and 2016.

Affirmed was the conviction for large-scale illegal recruitment of Elizabeth Espiritu Mendoza in a decision written by Associate Justice Raul B. Villanueva.

Also upheld was Mendoza’s conviction for simple illegal recruitment for which she was sentenced to a prison term ranging from 12 to 20 years with a fine of P1 million.

Cases in court were filed against Mendoza and her co-accused Gemma Jamito Garcia for two counts of large-scale illegal recruitment, and the other co-accused Jocelyn Madera, Emelda Baito, Nicanor Avila, and Marilyn Bucong Canda for one count of large-scale illegal recruitment.

Mendoza, Madera, and Baito were arrested by the police, while Garcia, Avila, and Canda remained at-large. During the arraignment before the regional trial court (RTC) in Valenzuela City, Mendoza, Madera, and Baito pleaded not guilty.

At least 12 witnesses, who testified that they were recruited by Mendoza and they paid fees ranging from P15,000 to P45,000 each for job placements in Japan, appeared before the RTC.

However, they told the trial court that the promised jobs in Japan did not materialize despite the payment of fees and the submission of the required documents and thus, they filed charges against Mendoza and the other accused.

On May 4, 2020, the RTC convicted Mendoza of large-scale illegal recruitment and simple illegal recruitment.

Madera and Baito were acquitted for failure of the prosecution to support their conviction.

Mendoza elevated the case to the Court of Appeals (CA). She insisted that the prosecution failed to establish her guilt beyond reasonable doubt as she pointed out that there was no evidence to show that she promised the complainants that they would be employed abroad.

At the same time, she said that the acknowledgment receipts presented by the prosecution did not indicate her name, nor did they bear her signature since only the name or signature of either Garcia or Avila appeared in those receipts.

On Oct. 26, 2023, the CA denied Mendoza’s appeal with modification on the penalty for simple illegal recruitment.

Mendoza elevated her case before the SC.

In resolving the petition, the SC said that records show that the Philippine Overseas Employment Administration (POEA) issued a Certification proving that Goshen Capital Resources, Baymaxx, M.J. Garcia Manpower Agency, and Ohno Group of Companies, where Mendoza was involved, were not licensed or authorized to recruit workers for overseas employment.

It also said that another certification was issued by the POEA that Mendoza, and her co-accused, in their personal capacities, were also not licensed or authorized to recruit job workers abroad.

“Verily, it is the absence of the necessary license or authority to recruit and deploy workers abroad that renders the recruitment activity unlawful,” the SC said.

It pointed out: “In simple terms, illegal recruitment is committed by persons who, without authority from the government, give the impression that they have the power to send workers abroad for employment purposes, as in this case.”

It also said: “Through her acts, Mendoza successfully persuaded the complainants to apply for work in Japan, and pay the placement fees despite lacking the required license or authority to engage in recruitment activities. She explained the process for applying in Japan, induced or enticed the complainants with attractive salaries and benefits.”

“In return, she accepted placement fees from them. Thus, Mendoza's contention that she was merely an applicant herself and acted only upon instructions of Garcia and Avila does not persuade,” it added.

At the same time, the SC said that the testimonies of the prosecution witnesses (the complainants) against Mendoza were firm and credible.

“Mendoza claimed to be representing Japanese employers seeking workers from the Philippines. She induced and enticed the complainants to apply by highlighting the high salaries and attractive benefits supposedly offered by foreign employers. Additionally, Mendoza created a sense of urgency by emphasizing the limited availability of such employment opportunities,” it also said.

“She either independently or in collaboration with Garcia and Avila collected processing fees and presented herself as the managing owner of the supposed recruitment agency. Evidently, Mendoza was not an ordinary employee of the recruitment agency that she was representing,” it added.

The dispositive portion of the SC’s decision:

“Accordingly, the appeal is denied. The Decision dated Oct. 26, 2023 of the Court of Appeals in CA-G.R. CR-HC No. 15280 is affirmed with modification. Accused-appellant Elizabeth Espiritu Mendoza is guilty beyond reasonable doubt of large-scale illegal recruitment in violation of Section 6 of Republic Act No. 8042, as amended by Republic Act No. 10022, in Criminal Case No. 2168-V-18, and is sentenced to suffer the penalty of life imprisonment and ordered to pay a fine of P5,000,000; and guilty beyond reasonable doubt of simple illegal recruitment in violation of Section 6 of Republic Act No. 8042, as amended by Republic Act No. 10022, in Criminal Case No. 2169-V-18, and is sentenced to suffer the penalty of 12 years and one day to 20 years and ordered to pay a fine of P1,000,000.”