6/9/2020 E-Library - Information At Your Fingertips: Printer Friendly upon the misrepresentation and false promise of deployment to Italy as factory workers. Besides, despite several opportunities given to Ocden by the RTC, she failed to present Ramos, who Ocden alleged to be the real recruiter and to whom she turned over the placement fees paid by her co-applicants. Between the categorical statements of the prosecution witnesses, on the one hand, and the bare denial of Ocden, on the other, the former must perforce prevail. An affirmative testimony is far stronger than a negative testimony especially when the former comes from the mouth of a credible witness. Denial, same as an alibi, if not substantiated by clear and convincing evidence, is negative and self-serving evidence undeserving of weight in law. It is considered with suspicion and always received with caution, not only because it is inherently weak and unreliable but also because it is easily fabricated and concocted.[25] Moreover, in the absence of any evidence that the prosecution witnesses were motivated by improper motives, the trial court's assessment of the credibility of the witnesses shall not be interfered with by this Court.[26] It is a settled rule that factual findings of the trial courts, including their assessment of the witnesses' credibility, are entitled to great weight and respect by the Supreme Court, particularly when the Court of Appeals affirmed such findings. After all, the trial court is in the best position to determine the value and weight of the testimonies of witnesses. The absence of any showing that the trial court plainly overlooked certain facts of substance and value that, if considered, might affect the result of the case, or that its assessment was arbitrary, impels the Court to defer to the trial court's determination according credibility to the prosecution evidence.[27] Ocden further argues that the prosecution did not sufficiently establish that she illegally recruited at least three persons, to constitute illegal recruitment on a large scale. Out of the victims named in the Information, only Mana-a and Ferrer testified in court. Mana-a did not complete her testimony, depriving Ocden of the opportunity to crossexamine her; and even if Mana-a's testimony was not expunged from the record, it was insufficient to prove illegal recruitment by Ocden. Although Ferrer testified that she and Mana-a filed a complaint for illegal recruitment against Ocden, Ferrer's testimony is competent only as to the illegal recruitment activities committed by Ocden against her, and not against Mana-a. Ocden again objects to Golidan's testimony as hearsay, not being based on Golidan's personal knowledge. Under the last paragraph of Section 6, Republic Act No. 8042, illegal recruitment shall be considered an offense involving economic sabotage if committed in a large scale, that is, committed against three or more persons individually or as a group. In People v. Hu,[28] we held that a conviction for large scale illegal recruitment must be based on a finding in each case of illegal recruitment of three or more persons, whether individually or as a group. While it is true that the law does not require that at least three victims testify at the trial, nevertheless, it is necessary that there is sufficient evidence proving that the offense was committed against three or more persons. In this case, there is conclusive evidence that Ocden recruited Mana-a, Ferrer, and Golidan's sons, Jeffries and Howard, for purported employment as factory workers in elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/37842 13/19

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