Allan Villagonzalo

SAMPLE 2: CASE BRIEF (Actual Case Digest- Some infos modified) PEOPLE OF THE PHILIPPINES VS. JILL REACHER (GR No-, August 12, 2018) CARPIO, J.: FACTS: JILL REACHER and JACK HILL met appellant and the latter briefed Reacher on the requirements for working as a fruit picker in Australia. She introduced Reacher to another man who related that he was able to go to Australia with her help. She also showed Reacher pictures of other people she had supposedly helped to get employment in Australia. Appellant further narrated that a couple she had helped had given her their car as payment. Because of her representations, Reacher believed in her promise that she could send her to Australia. Appellant asked Reacher for ₱500,000 for processing her papers. Appellant, however, failed to secure an Australian visa for Reacher. Together with JUSTIN BIEBER and PINK FLOYD, appellant convinced Reacher that it was difficult to get an Australian visa so they had to go to Malaysia or in Indonesia to get one. Subsequently, Reacher's application for an Australian visa in Indonesia was denied. Bieber asked for US$1,000 for the processing of her U.S. visa, which she paid. However, when her U.S. visa came, Reacher saw that it was in an Indonesian passport bearing an Indonesian name. Because of this, Reacher decided to just return to the Philippines. Issue: Whether or not appellant is guilty of syndicated estafa. Ruling: Yes. Illegal recruitment is deemed committed by a syndicate carried out by a group of three (3) or more persons conspiring or confederating with one another. Under RA 8042, a non-licensee or non-holder of authority commits illegal recruitment for overseas employment in two ways: (1) by any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers, and includes referring, contract services, promising or advertising for employment abroad, whether for profit or not; or (2) by undertaking any of the acts enumerated under Section 6 of RA 8042. In this case, appellant herself admits that she has no license or authority to undertake recruitment and placement activities. Since it was proven that the three accused were acting in concert and conspired with one another, their illegal recruitment activity is considered done by a syndicate, making the offense illegal recruitment involving economic sabotage. Ratio Decidendi: It is not essential that there be actual proof that all the conspirators took a direct part in every act.