However, she didnt have a passport and was chided by the accused to use her sisters passport instead. One of the accused assured that it will not be a problem as they have a contact in the DFA who will arrange it. Upon arrival in Malaysia, she and her companions were brought to a restaurant where they found out from another Filipino worker that it is a prostitution den and that the women there are prostitutes.
She eventually worked as a prostitute there and was subjected to sexual intercourse with different men. One day she was able to contact her other sister and informed her about her situation. One day her sisters husband came to the restaurant and helped her escape.
It is clear that a person or entity engaged in recruitment and placement activities without the requisite authority from the Department of Labor and Employment DOLE , whether for profit or not, is engaged in illegal recruitment. The commission of illegal recruitment by three or more persons conspiring or confederating with one another is deemed committed by a syndicate and constitutes economic sabotage.
In People v. Gallo, the Court enumerated the elements of syndicated illegal recruitment, to wit: 1. Aringoy claims and admits that he only referred Lolita to Lalli for job opportunities to Malaysia. Such act of referring, whether for profit or not, in connivance with someone without a POEA license, is already considered illegal recruitment, given the broad definition of recruitment and placement in the Labor Code.
In this case, Lolita would not have been able to go to Malaysia if not for the concerted efforts of Aringoy, Lalli and Relampagos. First, it was Aringoy who knew Lolita, since Aringoy was a neighbor of Lolitas grandfather. It was Aringoy who referred Lolita to Lalli, a fact clearly admitted by Aringoy. Second, Lolita would not have been able to go to Malaysia if Lalli had not purchased Lolitas boat ticket to Malaysia.
