4/4/2021 E-Library - Information At Your Fingertips: Printer Friendly the result of the case.[26] Illegal recruitment has two essential elements: First, the offender has no valid license or authority required by law to enable him to lawfully engage in the recruitment and placement of workers. Second, the offender undertakes any activity within the meaning of "recruitment and placement" defined under Article 13 (b), or any prohibited practices enumerated under Article 34 of the Labor Code.[27] Recruitment and Placement A "nonlicensee or nonholder of authority" means any person, corporation or entity without a valid license or authority to engage in recruitment or placement from the Secretary of Labor, or whose license or authority has been suspended, revoked or cancelled by the Philippine Overseas Employment Administration or the Secretary of Labor.[28] Under Article 13(b) of the Labor Code, "recruitment and placement" refer to: "...any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers, and includes referrals, contract services, promising or 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." From the evidence adduced, accused-appellants committed acts of recruitment and placement, such as promises to the complainants of profitable employment abroad and acceptance of placement fees. Accused-appellants gave the impression that they had the power to send the complainants to Taiwan for employment.[29] With the certification from the Department of Labor and Employment stating that RNTCGS was not authorized to recruit workers for overseas employment,[30] and promises by the accused of employment abroad for complainants on payment of placements fees, the conclusion is inescapable that accused are liable for illegal recruitment.[31] Economic Sabotage Article 38 (b) of the Labor Code, as amended by P. D. No. 2018 provides that illegal recruitment shall be considered an offense involving economic sabotage if any of the following qualifying circumstances exists: First, when illegal recruitment is committed by a syndicate. For purposes of the law, a syndicate exists when three or more persons conspire or confederate with one another in carrying out any unlawful or illegal transaction, enterprise or scheme.[32] Second, there is economic sabotage when illegal recruitment is committed in a large scale, as when it is committed against three or more persons individually or as a group.[33] The acts of accused-appellants showed unity of purpose. All these acts establish a common criminal design mutually deliberated upon and accomplished through https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/50233 5/8