People of the Philippines vs Hadja Jarma Lalli, Ronnie Aringoy and Nestor Relampagos

(GR No. 195419, 12 October 2011)

Facts: On evening of 3 June 2005, then 23-year-old Lolita Plando met Ronnie Aringoy and his niece
Rachel Aringoy Caete in Brgy. Tumaga, Zamboanga City while on the way to her grandfather's house.
She was greeted by Ronnie and he asked her if she is interested to work in Malaysia. Lolita gave her
mobile number to him after that conversation since she was interested. She then proceeded afterwards
to her grandfather's house.
Lolita received a text message from Ronnie at about 7:00 a.m. of 4 June 2005, where he invited her to
go to his house. They met 7:30 a.m. on the road near the place where they conversed the previous night
and Ronnie brought her to his sister's house in Tumaga. Lolita inquired what job is available in
Malaysia and Ronnie said that she will work there as restaurant entertainer. He also said that all that is
needed is a passport and that she will be paid RM500 (Malaysian ringgit) which is equivalent to
PhP7,000. He said that she leave on 6 June 2005 for Malaysia, where they will go to Hadja Jarma Lalli
who will bring her there.
Hadja Jarma Lalli told Lolita about her connections in the Department of Foreign Affairs and that
Lolita can use her sister Marifes passport but with her picture in it. Then Lalli introduced Lolita to
Nestor Relampagos. Relampagos approached Lolita and her companions Honey, Michelle and two
other women, where he told them that they will have good jobs as entertainers in Malaysia, will serve
food to customers and not to be harmed.
Lalli and Relampagos accompanied Lolita and her companions to Sandakan, Malaysia via the ship MV
Mary Joy from wharf of Zamboanga City. Upon arrival of MV Mary Joy at 10 a.m. of 7 June 2005,
Lalli and Relampagos also rode with Lolita and her companions via van bound for Kota Kinabalu. In a
hotel there in Sandakan, Relampagos introducted Lolita and her companions to their employer Chinese
Malay named Boss. The Chinese Malaysian brought them to a restaurant near that hotel, and while
Lolita was in the said restaurant, she found out from a Filipina working there that she would be
working as prostitute. Lolita and her companion expressed their desire not to work in that job. Later on,
Lolita and her companions were brought to Pipen Club owned by a Malaysian Boss Awa. It was only
there that she found that she owed 2,000 ringgits because Awa already paid Lalli and Relampagos.
Thus, she was forced to work as entertainer at Pipen Club in Malaysia, where she started working at
8:30 p.m. of 15 June 2005. She was given number 60 which pinned on her. She worked in that club
from 14 June until 8 July 2005, where a customer used her every night. She had at least one customer a
night and five customers at most, and they all had intercourse with her.
Lolita filed a criminal case for illegal recruitment against Relampagos, Aringoy and Lalli about the
ordeal that she went through while working in Malaysia as prostitute. After trial, the RTC of
Zamboanga rendered in its decision dated 29 November 2005 that Ronnie Aringoy, Nestor Relampagos
(at large) and Jarma Lalli were guilty of syndicated illegal recruitment under the Migrant Workers Act
of 1995 as well as violation of the Anti-Trafficking in Persons Act of 2003.
Aringoy and Lalli appealed the trial courts decision to the Court of Appeals, but the said appellate
court through its 26 February 2010 totally affirmed the judgment rendered by the trial court. Thus, they
appealed the Court of Appeals verdict to Supreme Court, stating that it erred in affirming the trial
courts decision.

Legal Provisions:
Section 6 of RA 8042 (Migrant Workers' Act of 1995) defined illegal recruitment as any act of
canvassing, enlisting, contracting, transporting, utilizing, hiring, procuring workers and includes
referring, contact services, promising or advertising for employment abroad, whether for profit or not,
when undertaken by a non-license or non-holder of authority contemplated under Article 13(f) of
Presidential Decree No. 442, as amended, otherwise known as the Labor Code of the Philippines.
Provided, that such non-license or non-holder, who, in any manner, offers or promises for a fee
employment abroad to two or more persons shall be deemed so engaged. It shall likewise include the
following acts, whether committed by any persons, whether a non-licensee, non-holder, licensee or
holder of authority.
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. It is deemed committed in large scale if
committed against three (3) or more persons individually or as a group.
The persons criminally liable for the above offenses are the principals, accomplices and accessories. In
case of juridical persons, the officers having control, management or direction of their business shall be
liable.
Section 7 of RA 8042 stated the penalties for illegal recruitment:
(a) Any person found guilty of illegal recruitment shall suffer the penalty of imprisonment of not less
than six (6) years and one (1) day but not more than twelve (12) years and a fine not less than two
hundred thousand pesos (P200,000.00) nor more than five hundred thousand pesos (P500,000.00).
(b) The penalty of life imprisonment and a fine of not less than five hundred thousand pesos
(P500,000.00) nor more than one million pesos (P1,000,000.00) shall be imposed if illegal recruitment
constitutes economic sabotage as defined herein.
Provided, however, that the maximum penalty shall be imposed if the person illegally recruited is less
than eighteen (18) years of age or committed by a non-licensee or non-holder of authority.
Article 13 of the Labor Code (PD No. 442) defined authority is defined as document issued by the
Department of Labor authorizing a person or association to engage in recruitment and placement
activities as a private recruitment entity. Meanwhile, recruitment and placement refers to any act of
canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers, and includes
referrals, contract services, promising or advertising for employment, locally or abroad, whether for
profit or not: Provided, That any person or entity which, in any manner, offers or promises for a fee,
employment to two or more persons shall be deemed engaged in recruitment and placement.
Issue: Whether the Court of Appeals erred in affirming the RTC Zamboangas judgment which
rendered Ronnie Aringoy and Jarma Lalli guilty of syndicated illegal recruitment under the provisions
of RA 8042?
Held by the Supreme Court: The Supreme Court affirmed the judgment of the Court of Appeals and
denied the petition of Aringoy and Lalli. It reasoned that the acts of Hadja Jarma Lalli, Ronnie Aringoy,
Nestor Relampagos (at large) constituted elements of syndicated illegal recruitment: first, Ronnie
Aringoy offered Lolita the job to work as entertainer in Malaysia. Second, Hadja Jarma Lallis
participation can be seen when she told Lolita about her connections in the Department of Foreign

Affairs and when she introduced Lolita to her financier Nestor Relampagos. Relampagos participation
is when he approached Lolita and her companions and told them that they will have good jobs as
entertainers in Malaysia, will serve food to customers and not to be harmed. Moreover, they recruited
Lolita without any license or authority from POEA. Thus, their acts falls under the provisions of sec. 6
and 7 of the Migrant Workers Act of 1995 (RA 8042) which prohibits illegal recruitment.