people vs ochoa

People of the Philippines vs Rosario Ochoa GR 173792 Facts :

For a period covering the months of February 1997 up to pril 199! in "ovaliches# $ue%on city# Rosario Rosario Ochoa recruited recruited fifteen &1'( persons namely ) Robert Robert Gubat# Gubat# *unior *unior gustin# gustin# +esar  ,uino# Richard -uciano# Fernando Rivera# .ariano R/ .islang# 0elen / Palogo# *oebert ecolongon# +ora%on / ustria# +ristopher / erme4o# -etecia / -ondonio# lma orromeo# Francisco Pascual# Raymundo / erme4o and Rosemarie / erme4o/ Ochoa promised them an employment in 5ai6an and audi rabia for a consideration ranging from 56o 5housand Pesos &₱ 2#/ 2#/( ( to 5hirty 5hirty 56 56o 5housand 5housand Pesos Pesos &₱ 32#/ 32#/( (// he collecte collected d total amoun amountt of One 0undre 0undred d 56enty 6enty Four 5housand 5housand Pesos &₱ 128# 128#/( /( as placem placement ent fee/ Ochoa Ochoa receiv received ed the  payments even though she does not have license or authority to do so/ Ochoas promise of employment did not materiali%e thus the complainants as:ed for a refund of their money/ 0o6ever Ochoa 6as not able to give bac: their money hence they decided to file a case of illegal recruitment in large scale and estafa against Ochoa/ Ochoa contends that she 6as employed by ;<-
1/ 2/ +an Ochoa be charged and convicted separately of illegal recruitment and estafa> Held :

1/ ?es/
and promised them employment overseas/ Ochoa re,uired private complainants to submit their  resumes# birth certificates and passports# 6hich the private complainants did/ .oreover# Ochoa can also be convicted for illegal recruitment based on ection A of Republic ct "o/ !82# 6hich clearly provides that any person# 6hether or not a licensee or holder of authority may be held liable for illegal recruitment for certain acts as enumerated in paragraphs &a( to &m(/ mong such acts is the Bfailure to reimburse eCpenses incurred by the 6or:er in connection 6ith his documentation and processing for purposes of deployment# in cases 6here the deployment does not actually ta:e place 6ithout the 6or:ers fault/D