RECRUITMENT AND SELECTION

MODULE 8. LABOR
CODE OF THE
PHILIPPINES

REFERENCE:
BOOK 1: PRE-EMPLOYMENT
Recruitment and Placement of Workers
Labor Code of the Philippines

Jaika Almira R. Agena

Learning Objective
8-1 Describe the general provisions of
Book 1 – Pre-Employment (Recruitment and
Placement of Workers).
Recruitment and Placement of Workers

GENERAL PROVISIONS
Introduction
National Seamen Board - handled
The end of World War II saw the all activities relating to recruitment
Philippine economy laid waste. The and placement of sea-based workers
presence of American bases provide
temporary relief as Filipinos found Overseas Employment Development
employment as drivers, watchmen, Board - handled government-to-
clerks and kitchen help. When the government arrangements on
American forces left the country, recruitment and placement of land-
Filipinos also began migrating for based labor.
work as skilled workers in US military
installations on Guam, Okinawa, Office of Emigrant Affairs - had the
Saipan, Wake and other Pacific task of promoting the welfare of
Islands. Filipinos working abroad who were
Eventually, Filipinos moved to holders of resident or immigrant
Vietnam, Middle East, Hong Kong, visas
Singapore, Taiwan, Malaysia, South
Korea, Japan, and in many countries in All of these are still on the Labor
Europe. Code but no longer exist in present
Because of its labor surplus, the day. Instead, they have been
Philippines today remains a labor- renamed to offices we know today:
exporting country. Unemployment is
the greatest exploiter of labor, OEA became the Commission on
according to the late Labor Secretary Filipinos Overseas attached to the
Blas F. Ople. "A man will accept a job Department of Foreign Affairs
no matter how low it pays and how
oppressive the working conditions BES is Bureau of Local Employment
may be. That is the price of survival in (local market)
a labor-surplus economy.
The following agencies were BES, OEDB, and NSB are now
established: Philippine Overseas Employment
Administration (POEA) for land-
Bureau of Employment Services - based and sea-based labor, while the
regulated private recruitment and welfare is now Overseas Workers
placement activities for both local and Welfare Administration (OWWA).
land-based workers
Recruitment and Placement of Workers

GENERAL PROVISIONS
Title I. placement of workers, locally or
Recruitment and Placement of overseas, without charging, directly
Workers or indirectly, any fee from the
workers or employers.
Chapter 1. General Provisions (f) “Authority” means a document
issued by the Department of Labor
Art. 13. Definitions. authorizing a person or association
(a) “Worker” means any member of the to engage in recruitment and
labor force, whether employed or placement activities as a private
unemployed. recruitment entity.
(b) “Recruitment and placement” (g) “Seaman” means any person
refers to any act of canvassing, employed in a vessel engaged in
enlisting, contracting, transporting, maritime navigation.
utilizing, hiring or procuring workers, (h) “Overseas employment” means
and includes referrals, contract employment of a worker outside the
services, promising or advertising for Philippines.
employment, locally or abroad, (i) “Emigrant” means any person,
whether for profit or not: Provided, worker or otherwise, who emigrates
That any person or entity which, in to a foreign country by virtue of an
any manner, offers or promises for a immigrant visa or resident permit or
fee, employment to two or more its equivalent in the country of
persons shall be deemed engaged in destination.
recruitment and placement.
(c) “Private fee-charging employment Art. 14. Employment promotion. The
agency” means any person or entity Secretary of Labor shall have the
engaged in recruitment and placement power and authority:
of workers for a fee which is charged, (a) To organize and establish new
directly or indirectly, from the employment offices in addition to
workers or employers or both. the existing employment offices
(d) “License” means a document issued under the Department of Labor as
by the Department of Labor the need arises;
authorizing a person or entity to (b) To organize and establish a
operate a private employment agency. nationwide job clearance and
(e) “Private recruitment entity” means information system to inform
any person or association engaged in applicants registering with a
the recruitment and particular employment office of job
Recruitment and Placement of Workers

GENERAL PROVISIONS
opportunities in other parts of the may be issued by the Minister of
country as well as job opportunities Labor;
abroad; (3) To formulate and develop
(c) To develop and organize a program employment programs designed to
that will facilitate occupational, benefit disadvantaged groups and
industrial and geographical mobility of communities;
labor and provide assistance in the (4) To establish and maintain a
relocation of workers from one area to registration and/or work permit
another; and system to regulate the employment
(d) To require any person, of aliens;
establishment, organization or (5) To develop a labor market
institution to submit such employment information system in aid of proper
information as may be prescribed by manpower and development
the Secretary of Labor. planning;
(6) To develop a responsive
Art. 15. vocational guidance and testing
(a) Bureau of Employment system in aid of proper human
Services.The Bureau of Employment resources allocation; and
Services shall be primarily responsible (7) To maintain a central registry of
for developing and monitoring a skills, except seamen.
comprehensive employment program.
It shall have the power and duty: (b) The regional offices of the
(1) To formulate and develop plans and Ministry of Labor shall have the
programs to implement the original and exclusive jurisdiction
employment promotion objectives of over all matters or cases involving
this Title; employer-employee relations
(2) To establish and maintain a including money claims, arising out
registration and/or licensing system of or by virtue of any law or
to regulate private sector contracts involving Filipino workers
participation in the recruitment and for overseas employment except
placement of workers, locally and seamen: Provided, That the Bureau
overseas, and to secure the best of Employment Services may, in the
possible terms and conditions of case of the National Capital Region,
employment for Filipino contract exercise such power, whenever the
workers and compliance therewith Minister of Labor deems it
under such rules and regulations as appropriate. The decisions of the
Recruitment and Placement of Workers

GENERAL PROVISIONS
regional offices of the Bureau of agencies, a systematic program for
Employment Services, if so authorized overseas employment of Filipino
by the Minister of Labor as provided workers in excess of domestic needs
in this Article, shall be appealable to and to protect their rights to fair
the National Labor Relations and equitable employment practices.
Commission upon the same grounds It shall have the power and duty:
provided in Article 223 hereof. The
decisions of the National Labor (1) To promote the overseas
Relations Commission shall be final employment of Filipino workers
and inappealable. (Superseded by through a comprehensive market
Exec. Order 797, May 1, 1982). promotion and development
program;
(c) The Minister of Labor shall have (2) To secure the best possible
the power to impose and collect fees terms and conditions of employment
based on rates recommended by the of Filipino contract workers on a
Bureau of Employment Services. Such government-to-government basis
fees shall be deposited in the National and to ensure compliance therewith;
Treasury as a special account of the (3) To recruit and place workers for
General Fund, for the promotion of overseas employment on a
the objectives of the Bureau of government-to-government
Employment Services, subject to the arrangement and in such other
provisions of Section 40 of sectors as policy may dictate; and
Presidential Decree No. 1177. (4) To act as secretariat for the
Board of Trustees of the Welfare
Art. 16. Private recruitment. Except and Training Fund for Overseas
as provided in Chapter II of this Title, Workers.
no person or entity other than the
public employment offices, shall Art. 18. Ban on direct-hiring. No
engage in the recruitment and employer may hire a Filipino worker
placement of workers. for overseas employment except
through the Boards and entities
Art. 17. Overseas Employment authorized by the Secretary of
Development Board. An Overseas Labor. Direct-hiring by members of
Employment Development Board is the diplomatic corps, international
hereby created to undertake, in organizations and such other
cooperation with relevant entities and employers as may be allowed by the
Recruitment and Placement of Workers

GENERAL PROVISIONS
Secretary of Labor is exempted from (5) generally to undertake such
this provision. activities as may be appropriate to
enhance such cooperative links.
Art. 19. Office of Emigrant Affairs.
(a) Pursuant to the national policy to Art. 20. National Seamen Board.
maintain close ties with Filipino (a) A National Seamen Board is
migrant communities and promote hereby created which shall develop
their welfare as well as establish a and maintain a comprehensive
data bank in aid of national manpower program for Filipino seamen
policy formulation, an Office of employed overseas. It shall have the
Emigrant Affairs is hereby created in power and duty:
the Department of Labor. The Office (1) To provide free placement
shall be a unit at the Office of the services for seamen;
Secretary and shall initially be (2) To regulate and supervise the
manned and operated by such activities of agents or
personnel and through such funding representatives of shipping
as are available within the Department companies in the hiring of seamen
and its attached agencies. Thereafter, for overseas employment and secure
its appropriation shall be made part of the best possible terms of
the regular General Appropriations employment for contract seamen
Decree. workers and secure compliance
therewith;
(b) The office shall, among others, (3) To maintain a complete registry
promote the well-being of emigrants of all Filipino seamen.
and maintain their close link to the
homeland by: (b) The Board shall have original and
(1) serving as a liaison with migrant exclusive jurisdiction over all
communities; matters or cases including money
(2) provision of welfare and cultural claims, involving employer-
services; employee relations, arising out of or
(3) promote and facilitate re- by virtue of any law or contracts
integration of migrants into the involving Filipino seamen for
national mainstream; overseas employment. The decisions
(4) promote economic; political and of the Board shall be appealable to
cultural ties with the communities; the National Labor Relations
and Commission upon the same grounds
Recruitment and Placement of Workers

GENERAL PROVISIONS
provided in Article 223 hereof. The probable trends, and to make such
decisions of the National Labor information available; and
Relations Commission shall be final (f) To perform such other duties as
and inappealable. may be required of them from time
to time.
Art. 21. Foreign service role and
participation. To provide ample Art. 22. Mandatory remittance of
protection to Filipino workers abroad, foreign exchange earnings. It shall
the labor attaches, the labor reporting be mandatory for all Filipino
officers duly designated by the workers abroad to remit a portion of
Secretary of Labor and the Philippine their foreign exchange earnings to
diplomatic or consular officials their families, dependents, and/or
concerned shall, even without prior beneficiaries in the country in
instruction or advice from the home accordance with rules and
office, exercise the power and duty: regulations prescribed by the
Secretary of Labor.
(a) To provide all Filipino workers
within their jurisdiction assistance on Art. 23. Composition of the Boards.
all matters arising out of employment; (a) The OEDB shall be composed of
(b) To insure that Filipino workers are the Secretary of Labor and
not exploited or discriminated Employment as Chairman, the
against; Undersecretary of Labor as Vice-
(c) To verify and certify as requisite to Chairman, and a representative each
authentication that the terms and of the Department of Foreign
conditions of employment in contracts Affairs, the Department of National
involving Filipino workers are in Defense, the Central Bank, the
accordance with the Labor Code and Department of Education, Culture
rules and regulations of the Overseas and Sports, the National Manpower
Employment Development Board and and Youth Council, the Bureau of
National Seamen Board; Employment Services, a workers’
(d) To make continuing studies or organization and an employers’
researches and recommendations on organization and the Executive
the various aspects of the employment Director of the OEDB as members.
market within their jurisdiction;
(e) To gather and analyze information (b) The National Seamen Board shall
on the employment situation and its be composed of the Secretary of
Recruitment and Placement of Workers

GENERAL PROVISIONS
Labor and Employment as Chairman, his representative to the Boards to
the Undersecretary of Labor as Vice- audit their respective accounts in
Chairman, the Commandant of the accordance with auditing laws and
Philippine Coast Guard, and a pertinent rules and regulations.
representative each of the Department
of Foreign Affairs, the Department of Art. 24. Boards to issue rules and
Education, Culture and Sports, the collect fees. The Boards shall issue
Central Bank, the Maritime Industry appropriate rules and regulations to
Authority, the Bureau of Employment carry out their functions. They shall
Services, a national shipping have the power to impose and
association and the Executive Director collect fees from employers
of the NSB as members. concerned, which shall be deposited
in the respective accounts of said
The members of the Boards shall Boards and be used by them
receive allowances to be determined exclusively to promote their
by the Board which shall not be more objectives.
than P2,000.00 per month.
NOTES:
(c) The Boards shall be attached to the The latest law on the regulation of
Department of Labor for policy and recruitment and placement is RA No.
program coordination. They shall each 8042, the Migrant Workers and
be assisted by a Secretariat headed by Overseas Filipinos Act of 1995, as
an Executive Director who shall be a amended by RA No. 10022, which
Filipino citizen with sufficient took effect on May 6, 2010. Under
experience in manpower the law, the policy on migrant
administration, including overseas workers is that "the State does not
employment activities. The Executive promote overseas employment as a
Director shall be appointed by the means to sustain economic growth
President of the Philippines upon the and achieve national development"
recommendation of the Secretary of but rather that "the existence of the
Labor and shall receive an annual overseas employment program rests
salary as fixed by law. The Secretary solely on the assurance that the
of Labor shall appoint the other dignity and fundamental human
members of the Secretariat. rights and freedoms of the Filipino
citizens shall not, at any time, be
(d) The Auditor General shall appoint compromised or violated.
Recruitment and Placement of Workers

GENERAL PROVISIONS
The term "worker" is defined by judgment of the Regional Trial
Article 13 as "any member of the labor Court, Branch 19, Bacoor, Cavite,
force, whether employed or convicting accused-appellant,
unemployed" Imelda Darvin for simple illegal
recruitment under Article 38 and
"Labor force" means "manpower" Article 39, in relation to Article 13
which is defined by Article 44 as "that (b) and (c), of the Labor Code as
portion of the nation's population amended.
which has actual potential capability
to contribute directly to the Accused-appellant was charged
production of goods and services." under the following information:

On Direct Hiring. Name hires, or That on our about the 13th day of
individual workers who are able to April 1992, in the Municipality of
secure contracts for overseas Bacoor, Province of Cavite,
employment on their own, are Philippines and within the
allowed, but their hiring shall be jurisdiction of this Honorable Court,
processed by the POEA. the above-named accused, through
fraudulent representation to one
END OF MODULE TEST Macaria Toledo to the effect that
she has the authority to recruit
Read the following case carefully and workers and employees for abroad
answer the questions that follow: and can facilitate the necessary
papers in connection thereof, did,
G.R. No. 125044 July 13, 1998 then and there, wilfully, unlawfully
IMELDA DARVIN, petitioner, and feloniously, hire, recruit and
vs. promise a job abroad to one Macaria
HON. COURT OF APPEALS and PEOPLE Toledo, without first securing the
OF THE PHILIPPINES, respondents. necessary license and permit from
the Philippine Overseas Employment
ROMERO, J.: Administration to do so, thereby
causing damage and prejudice to the
Before us is a petition for review of aforesaid Macaria Toledo.
the decision of the Court of Appeals in
C.A.-G.R. No. 15624 dated January 31, Contrary to law.
1996, 1 which affirmed in toto the
Recruitment and Placement of Workers

GENERAL PROVISIONS
The evidence for the prosecution, for estafa and illegal recruitment by
based on the testimony of private the Office of the Provincial
respondent, Macaria Toledo, shows Prosecutor of Cavite.
that sometime in March, 1992, she met
accused-appellant Darvin in the Accused-appellant, on the other
latter's residence at Dimasalang, Imus, hand, testified that she used to be
Cavite, through the introduction of connected with Dale Travel Agency
their common friends, Florencio Jake and that in 1992, or thereabouts, she
Rivera and Leonila Rivera. In said was assisting individuals in securing
meeting, accused-appellant allegedly passports, visa, and airline tickets.
convinced Toledo that by giving her She came to know Toledo through
P150,000.00, the latter can Florencio Jake Rivera, Jr. and
immediately leave for the United Leonila Rivera, alleging that Toledo
States without any appearance before sought her help to secure a
the U.S. embassy. Thus, on April 13, passport, US visa and airline tickets
1992, Toledo gave Darvin the amount to the States. She claims that she
of P150,000.00, as evidenced by a did not promise any employment in
receipt stating that the "amount of the U.S. to Toledo. She, however,
P150,000.00 was for U.S. Visa and Air admits receiving the amount of
fare." After receiving the money, P150,000.00 from the latter on April
Darvin assured Toledo that she can 13, 1992 but contends that it was
leave within one week. However, when used for necessary expenses of an
after a week, there was no word from intended trip to the United States of
Darvin, Toledo went to her residence Toledo and her friend, Florencio
to inquire about any development, but Rivera as follows. P45,000.00 for
could not find Darvin. Thereafter, on plane fare for one person; P1,500.00
May 7, 1992, Toledo filed a complaint for passport, documentation and
with the Bacoor Police Station against other incidental expenses for each
Imelda Darvin. Upon further person; P20,000.00 for visa
investigation, a certification was application cost for each person;
issued by the Philippine Overseas and P17,000.00 for services. After
Employment Administration (POEA) receiving the money, she allegedly
stating that Imelda Darvin is neither told Toledo that the papers will be
licensed nor authorized to recruit released within 45 days. She
workers for overseas employment. 5 likewise testified that she was able
Accused-appellant was then charged to secure Toledo's passport on April
Recruitment and Placement of Workers

GENERAL PROVISIONS
20, 1992 and even set up a date for an P10,000.00.
interview with the US embassy.
Accused alleged that she was not She is hereby acquitted of the crime
engaged in illegal recruitment but of Estafa.
merely acted as a travel agent in
assisting individuals to secure SO ORDERED.
passports and visa.
On appeal, the Court of Appeals
In its judgment rendered on June 17, affirmed the decision of the trial
1993, the Bacoor, Cavite RTC found court in toto, hence this petition.
accused-appellant guilty of the crime
of simple illegal recruitment but Before this Court, accused-appellant
acquitted her of the crime of estafa. assails the decision of the trial and
The dispositive portion of the appellate courts in convicting her of
judgment reads as follows: the crime of simple illegal
recruitment. She contends that
WHEREFORE, premises considered, based on the evidence presented by
accused Imelda Darvin is hereby found the prosecution, her guilt was not
guilty beyond reasonable doubt of the proven beyond reasonable doubt.
crime of Simple Illegal Recruitment
for having committed the prohibited We find the appeal impressed with
practice as defined by paragraph (b) of merit.
Article 34 and punished by paragraph
(c) of Article 39 of the Labor Code, as Art. 13 of the Labor Code, as
amended by PD 2018. amended, provides the definition of
recruitment and placement as:
Accused Imelda Darvin is hereby
ordered to suffer the prison term of . . .; b) any act of canvassing,
Four (4) years, as minimum, to Eight enlisting, contracting, transporting,
(8) years, as maximum; and to pay the utilizing, hiring, or procuring
fine of P25,000.00. workers, and includes referrals,
contract services, promising or
Regarding her civil liability, she is advertising for employment locally
hereby ordered to reimburse the or abroad, whether for profit or not:
private complainant the sum of Provided, that any person or entity
P150,000.00 and attorney's fees of
Recruitment and Placement of Workers

GENERAL PROVISIONS
which, in any manner, offers or Atty. Alejandro:
promises for a fee employment to two
or more persons shall be deemed Q : How did you come to know the
engaged in recruitment and accused?
placement.
Witness : I was introduced by my
On the other hand, Article 38 of the two friends. One of whom is my best
Labor Code provides: friend. That according to them, this
a) Any recruitment activities, accused has connections and
including the prohibited practices authorizations, that she can make
enumerated under Article 34 of this people leave for abroad, sir.
Code, to be undertaken by non-
licensees or non-holders of authority Court : What connections?
shall be deemed illegal and punishable
under Article 39 of this Code. The Witness : That she has connections
Ministry of Labor and Employment or with the Embassy and with people
any law enforcement officer may whom she can approach regarding
initiate complaints under this Article. work abroad, your Honor.

x x x x x x x x x x x x x x x x x x

Applied to the present case, to uphold Q : When you came to meet for the
the conviction of accused-appellant, first time in Imus, Cavite, what
two elements need to be shown: (1) transpired in that meeting of yours?
the person charged with the crime
must have undertaken recruitment A : When I came to her house, the
activities; and (2) the said person does accused convinced me that by
not have a license or authority to do means of P150,000.00, I will be able
so. to leave immediately without any
appearance to any embassy, non-
In this case, private respondent, appearance, Sir.
Macaria Toledo alleged that she was
offered a job in the United States as Q : When you mentioned non-
nursing aide 10 by accused-appellant. appearance, as told to you by the
In her direct examination, she accused, precisely, what do you
testified as follows: mean by that?
Recruitment and Placement of Workers

GENERAL PROVISIONS
A : I was told by the accused that non- It is not disputed that accused-
appearance, means without working appellant does not have a license or
personally for my papers and through authority to engage in recruitment
her efforts considering that she is activities. The pivotal issue to be
capacitated as according to her I will determined, therefore, is whether
be able to leave the country, Sir. the accused-appellant indeed
engaged in recruitment activities, as
x x x x x x x x x defined under the Labor Code.
Applying the rule laid down in the
Atty. Alejandro : What transpired after case of People v. Goce, to prove that
the accused told you all these things accused-appellant was engaged in
that you will be able to secure all the recruitment activities as to commit
documents without appearing to the crime of illegal recruitment, it
anybody or to any embassy and that must be shown that the accused
you will be able to work abroad? appellant gave private respondent
the distinct impression that she had
Witness : She told me to get ready the power or ability to send the
with my P150,000.00, that is if I want private respondent abroad for work
to leave immediately, Sir. such that the latter was convinced
to part with her money in order to
Atty. Alejandro : When you mentioned be so employed.
kaagad, how many days or week?
In this case, we find no sufficient
Witness : She said that if I will able to evidence to prove that accused-
part with my P150,000.00. I will be ppellant offered a job to private
able to leave in just one week time, respondent. It is not clear that
Sir. accused gave the impression that
she was capable of providing the
xxx xxx xxx private respondent work abroad.
What is established, however, is that
The prosecution, as evidence, the private respondent gave
presented the certification issued by accused-appellant P150,000.00. The
the POEA that accused-appellant claim of the accused that the
Imelda Darvin is not licensed to P150,000.00 was for payment of
recruit workers abroad. private respondent's air fare and US
visa and other expenses cannot be
Recruitment and Placement of Workers

GENERAL PROVISIONS
ignored because the receipt for the convict the latter. No sufficient
P150,000.00, which was presented by evidence was shown to sustain the
both parties during the trial of the conviction, as the burden of proof
case, stated that it was "for Air Fare lies with the prosecution to
and Visa to USA." 13 Had the amount establish that accused-appellant
been for something else in addition to indeed engaged in recruitment
air fare and visa expenses, such as activities, thus committing the
work placement abroad, the receipt crime of illegal recruitment.
should have so stated.
In criminal cases, the burden is on
By themselves, procuring a passport, the prosecution to prove, beyond
airline tickets and foreign visa for reasonable doubt, the essential
another individual, without more, can elements of the offense with which
hardly qualify as recruitment the accused is charged; and if the
activities. Aside from the testimony of proof fails to establish any of the
private respondent, there is nothing essential elements necessary to
to show that accused-appellant constitute a crime, the defendant is
engaged in recruitment activities. We entitled to an acquittal. Proof
also note that the prosecution did not beyond reasonable doubt does not
present the testimonies of witnesses mean such a degree of proof as,
who could have corroborated the excluding the possibility of error,
charge of illegal recruitment, such as produces absolute certainty. Moral
Florencio Rivera, and Leonila Rivera, certainty only is required, or that
when it had the opportunity to do so. degree of proof which produces
As it stands, the claim of private conviction in an unprejudiced mind.
respondent that accused-appellant
promised her employment abroad is At best, the evidence proffered by
uncorroborated. All these, taken the prosecution only goes so far as
collectively, cast reasonable doubt on to create a suspicion that accused-
the guilt of the accused. appellant probably perpetrated the
crime charged. But suspicion alone
This Court can hardly rely on the bare is insufficient, the required quantum
allegations of private respondent that of evidence being proof beyond
she was offered by accused-appellant reasonable doubt. When the People's
employment abroad, nor on mere evidence fail to indubitably prove
presumptions and conjectures, to the accused' s authorship of the
Recruitment and Placement of Workers

GENERAL PROVISIONS
crime of which he stands accused, Questions:
then it is the Court's duty, and the
accused's right, to proclaim his 1. Who is/are the petitioner?
innocence. Acquittal, therefore, is in 2. Who is/are the respondents?
order. 3. What was the issue to be
resolved?
WHEREFORE, the appeal is hereby 4. Which Labor Code Articles were
GRANTED and the decision of the mentioned? How were these
Court of Appeals in CA-G.R. CR No. related to recruitment?
15624 dated January 31, 1996, is 5. What was the decision?
REVERSED and SET ASIDE. Accused-
appellant Imelda Darvin is hereby References:
ACQUITTED on ground of reasonable Labor Code of the Philippines
doubt. Accordingly, let the accused be Source:
immediately released from her place https://blr.dole.gov.ph/2014/12/11
of confinement unless there is reason /book-i-pre-
to detain her further for any other employment/#:~:text=13.,force%2C
legal or valid cause. No %20whether%20employed%20or%20
pronouncement as to costs. unemployed.&text=%E2%80%9CPriv
ate%20fee%2Dcharging%20employm
SO ORDERED. ent%20agency,workers%20or%20em
ployers%20or%20both.
Narvasa, C.J., Kapunan and Purisima, Case:
JJ., concur. https://lawphil.net/judjuris/juri199
8/jul1998/gr_125044_1998.html