6/9/2020 E-Library - Information At Your Fingertips: Printer Friendly Golidan the amount of P40,000.00; and 3. In Criminal Case No. 16964-R, accused-appellant is sentenced to 4 years and 2 months of prision correccional, as minimum to 12 years of prision mayor, as maximum and to indemnify Rizalina Ferrer the amount of P70,000.00.[20] Hence, this appeal, in which Ocden raised the following assignment of errors: I THE TRIAL COURT ERRED IN CONVICTING ACCUSED-APPELLANT OF ILLEGAL RECRUITMENT COMMITTED IN LARGE SCALE ALTHOUGH THE CRIME WAS NOT PROVEN BEYOND REASONABLE DOUBT. II THE TRIAL COURT ERRED IN CONVICTING ACCUSED-APPELLANT OF ESTAFA IN CRIMINAL CASES NOS. 16316-R, 16318-R AND 16[9]64-R.[21] After a thorough review of the records of the case, we find nothing on record that would justify a reversal of Ocden's conviction. Illegal recruitment in large scale Ocden contends that the prosecution failed to prove beyond reasonable doubt that she is guilty of the crime of illegal recruitment in large scale. Other than the bare allegations of the prosecution witnesses, no evidence was adduced to prove that she was a non-licensee or non-holder of authority to lawfully engage in the recruitment and placement of workers. No certification attesting to this fact was formally offered in evidence by the prosecution. Ocden's aforementioned contentions are without merit. Article 13, paragraph (b) of the Labor Code defines and enumerates the acts which constitute recruitment and placement: (b) "Recruitment and placement" refers to any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers, and includes referrals, contract services, promising for 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. The amendments to the Labor Code introduced by Republic Act No. 8042, otherwise elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/37842 8/19

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