6/9/2020
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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