5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly II THE TRIAL COURT GRAVELY ERRED IN CONVICTING THE ACCUSEDAPPELLANT OF ESTAFA DESPITE THE ABSENCE [OF] THE ELEMENT OF DECEIT. Illegal recruitment in large scale Appellant anchors his bid for acquittal on the failure of the prosecution to prove that he gave private complainants the distinct impression that he had the power or ability to send them abroad for work such that they were convinced to part with their money. Any encouragement or promise of employment abroad was solely made by Daud. Appellant points out that it was only his alleged presence at the time private complainants were making their payments to Daud that led said private complainants to believe that appellant participated in the recruitment scheme. The Office of the Solicitor General, as counsel for the appellee, insists that appellant acted in conspiracy with his co-accused in engaging in illegal recruitment activities, specifically performing the following acts: (1) Appellant, together with his co-accused, owned and operated Green Pasture Worldwide Tour and Consultancy Corporation; (2) Appellant, together with his co-accused, encouraged private complainants to apply for jobs abroad with their agency, promising private complainants salary of US$400.00, 150% overtime pay, and free board and lodging; (3) Appellant, together with his coaccused, assured private complainants that they could leave for Korea within a short period after paying their placement fees; and (4) Appellant was present everytime private complainants made payments to his co-accused Daud. In addition, private complainants De Guzman, Decena, and Poserio positively identified and pointed to appellant in court as one of the persons who recruited them for work abroad.[19] Article 13(b) of the Labor Code defines recruitment and placement as “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.” In the simplest terms, illegal recruitment is committed by persons who, without authority from the government, give the impression that they have the power to send workers abroad for employment purposes. [20] Republic Act No. 8042 broadened the concept of illegal recruitment under the Labor Code and provided stiffer penalties, especially for those that constitute economic sabotage, i.e., Illegal Recruitment in Large Scale and Illegal Recruitment Committed by a Syndicate. Section 6 of Republic Act No. 8042 defined illegal recruitment as follows: SEC. 6. Definition. - For purposes of this Act, illegal recruitment shall mean any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers and includes referring, contract services, promising or elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57079 9/19