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for purposes of deployment, in cases where the deployment does not actually take
place without the worker's fault." Ochoa committed illegal recruitment as described in
the said provision by receiving placement and medical fees from private complainants,
evidenced by the receipts issued by her, and failing to reimburse the private
complainants the amounts they had paid when they were not able to leave for Taiwan
and Saudi Arabia, through no fault of their own.
Ochoa further argues in her defense that she should not be found personally and
criminally liable for illegal recruitment because she was a mere employee of AXIL and
that she had turned over the money she received from private complainants to AXIL.
We are not convinced.
Ochoa's claim was not supported by any corroborating
evidence. The POEA verification dated September 23, 1998, also signed by Dir. Mateo,
and presented by Ochoa during trial, pertains only to the status of AXIL as a placement
agency with a "limited temporary authority" which had already expired.
Said
verification did not show whether or not Ochoa was employed by AXIL. Strangely, for
an alleged employee of AXIL, Ochoa was not able to present the most basic evidence of
employment, such as appointment papers, identification card (ID), and/or payslips.
The receipts presented by some of the private complainants were issued and signed by
Ochoa herself, and did not contain any indication that Ochoa issued and signed the
same on behalf of AXIL. Also, Ochoa was not able to present any proof that private
complainants' money were actually turned over to or received by AXIL.
There is no reason for us to disturb the weight and credence accorded by the RTC to
the evidence of the prosecution, over that of the defense. As is well-settled in this
jurisdiction, greater weight is given to the positive identification of the accused by the
prosecution witnesses than the accused's denial and explanation concerning the
commission of the crime.[51] Likewise, factual findings of the trial courts, including
their assessment of the witnesses' credibility, are entitled to great weight and respect
by the Supreme Court, particularly when the Court of Appeals affirmed such findings.
After all, the trial court is in the best position to determine the value and weight of the
testimonies of witnesses. The absence of any showing that the trial court plainly
overlooked certain facts of substance and value that, if considered, might affect the
result of the case, or that its assessment was arbitrary, impels the Court to defer to the
trial court's determination according credibility to the prosecution evidence.[52]
Moreover, in the absence of any evidence that the prosecution witnesses were
motivated by improper motives, the trial court's assessment of the credibility of the
witnesses shall not be interfered with by this Court.[53]
Under the last paragraph of Section 6 of Republic Act No. 8042, illegal recruitment shall
be considered an offense involving economic sabotage if committed in a large scale,
that is, committed against three or more persons individually or as a group. Here,
there are eight private complainants who convincingly testified on Ochoa's acts of
illegal recruitment.
In view of the overwhelming evidence presented by the prosecution, we uphold the
verdict of the RTC, as affirmed by the Court of Appeals, that Ochoa is guilty of illegal
recruitment constituting economic sabotage.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/26427
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