G.R. No. 175229 9 of 14 http://sc.judiciary.gov.ph/jurisprudence/2009/jan2009/175229.htm Additionally, the OSG submits that accused-appellant Calimon committed two counts of estafa through false pretenses while accused-appellant Comila committed one count of estafa through false pretenses. Accused-appellants acts of deliberately misrepresenting themselves to private complainants as having the necessary authority or license to recruit applicants for overseas employment, and collecting money from them allegedly for processing fees and travel documents, but failing to deploy them and to return the money they had collected despite several demands clearly amount to estafa. After a thorough review of the records, we hold that the present appeal is plainly unmeritorious. The pertinent provisions of Republic Act No. 8042 state: 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 advertising for employment abroad, whether for profit or not, when undertaken by a non-licensee or non-holder of authority contemplated under Article 13(f) of Presidential Decree No. 442, as amended, otherwise known as the Labor Code of the Philippines: Provided, that any such non-licensee or non-holder who, in any manner, offers or promises for a fee employment abroad to two or more persons shall be deemed so engaged. x x x Illegal recruitment is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another. It is deemed committed in large scale if committed against three (3) or more persons individually or as a group. x x x Sec. 7. Penalties. (a) Any person found guilty of illegal recruitment shall suffer the penalty of imprisonment of not less than six (6) years and one (1) day but not more than twelve (12) years and a fine of not less than Two hundred thousand pesos (P200,000.00) nor more than Five hundred thousand pesos (P500,000.00). (b) The penalty of life imprisonment and a fine of not less than Five hundred thousand pesos (P500,000.00) nor more than One million pesos (P1,000,000.00) shall be imposed if illegal recruitment constitutes economic sabotage as defined herein. Provided, however, That the maximum penalty shall be imposed if the person illegally recruited is less than eighteen (18) years of age or committed by a non-licensee or non-holder of authority. [36] In a litany of cases, we held that to constitute illegal recruitment in large scale three (3) elements must concur: (a) the offender has no valid license or authority required by law to enable him to lawfully engage in recruitment and placement of workers; (b) the offender undertakes any of the activities within the meaning of "recruitment and placement" under Art. 1/25/2016 5:55 AM