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Question
Facts: A private individual, Elena Cortez, operates 'Mercury Pathways' in Cebu City. She has no POEA license or authority to conduct overseas recruitment. She runs a campaign on social media advertising overseas caregiver jobs in the fictitious country of Valoria with a monthly salary of PHP 44,000. She collects processing, medical, and documentary fees from applicants totaling PHP 14,000–28,000 each. She furnishes fake Valoria Domestic Co. job orders and a signed contract she says will be finalized once the applicant is deployed, and she instructs applicants to keep the arrangement secret from their families and friends. She includes a 16-year-old neighbor, Kai Santos, among her applicants, telling him that he has to keep the information secret; Kai’s parents are unaware of the arrangement. After several victims discover the ruse and file complaints, Cortez is charged with illegal recruitment. (a) Identify the governing doctrine and the elements of illegal recruitment that apply to Cortez’s acts. (b) Distinguish between direct illegal recruitment and grave illegal recruitment and indicate whether Cortez’s scheme fits one of these categories. (c) Apply the facts to determine Cortez’s liability under the illegal recruitment statute.