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  • Digests - People vs. Panis

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    Serapio abug was charged with illegal recruitment. His defense was that the informations filed against him did not constitute an offense because in each of the four informations, each denote that he was only recruiting one person. The court held that the specification of two or more persons is not to create a condition prior to filing but rather it states a presumption that the individual is engaged in recruitment or placement.

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    Serapio abug was charged with illegal recruitment. His defense was that the informations filed against him did not constitute an offense because in each of the four informations, each denote that he was only recruiting one person. The court held that the specification of two or more persons is not to create a condition prior to filing but rather it states a presumption that the individual is engaged in recruitment or placement.

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    4K views1 page

    Digests - People vs. Panis

    Uploaded by

    MM
    Serapio abug was charged with illegal recruitment. His defense was that the informations filed against him did not constitute an offense because in each of the four informations, each denote that he was only recruiting one person. The court held that the specification of two or more persons is not to create a condition prior to filing but rather it states a presumption that the individual is engaged in recruitment or placement.

    Copyright:

    Attribution Non-Commercial (BY-NC)
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    People vs. Panis, 142 SCRA 664 G.R. Nos.

    L-58674-77 July 11, 1990 FAST FACTS: SerapioAbug was charged with illegal recruitment. His defense was that the informations filed against him did not constitute an offense because in each of the four informations filed against him, each denote that he was only recruiting one person whereas the statute requires two or more persons ISSUE: Determination of the proper interpretationof Art 13(b) of PD 442/ Labor Code: b) Recruitment and placement' refers to any act of canvassing, enlisting, contracting, transporting, 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. HELD: The specification of two or more persons is not to create a condition prior to filing but rather it states a presumption that the individual is engaged in recruitment in consideration of a fee, however the number of persons is not an essential ingredient to the act of recruitment or placement, and it will still qualify even if only one person has been involved.

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