6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly convinced to give their payment to appellant in order to be employed. Appellant even issued petty cash vouchers acknowledging receipt of private complainants' payment and she made them sign Trainee Agreements, which were purportedly their contract with their Korean employer. Based on the facts and evidence presented, the Court of Appeals concluded that appellant clearly engaged in illegal recruitment activities. Appellant's claim that it was Narcisa Santos who recruited the private complainants and who profited from the illegal transaction was disregarded by the Court of Appeals for lack of evidence. The Court of Appeals noted that it was appellant who dealt directly with private complainants. On the charge of estafa, the Court of Appeals likewise upheld appellant's conviction for said crime. The evidence presented to prove appellant's liability for illegal recruitment also established her liability for estafa. The Court of Appeals ruled that a person may be charged and convicted separately of illegal recruitment under Republic Act No. 8042 (RA 8042) in relation to the Labor Code, and estafa under Article 315, paragraph 2(a) of the Revised Penal Code. Hence, this appeal. The Court's Ruling We find the appeal without merit. The Court of Appeals was correct in affirming the ruling of the trial court that the appellant's guilt of the crimes she was accused of was clearly established by the witnesses and the evidence of the prosecution. Illegal Recruitment in Large Scale 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." Illegal recruitment, on the other hand is defined under Article 38 of the Labor Code as follows: ART. 38. Illegal Recruitment (a) Any recruitment activities, including the prohibited practices enumerated under Article 34 of this Code, to be undertaken by nonlicensees or non-holders of authority shall be deemed illegal and punishable under Article 39 of this Code. The Department of Labor and Employment or any law enforcement officer may initiate complaints under this Article. (b) Illegal recruitment when committed by a syndicate or in large scale shall be considered an offense involving economic sabotage and shall be penalized in accordance with Article 39 hereof. Illegal recruitment is deemed committed by a syndicate if carried out by a elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60550 7/19