6/9/2020
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demonstrate to our satisfaction that the CA had overlooked, misconstrued, or
misinterpreted facts and circumstances of substance that, if considered, would change
the outcome. Alas, she did not do so.
Nor should we pay heed to the contention of the accused that the version of the State
weakened because only four out of the nine named complainants had actually testified
in court against her. That contention ignores that in judicial adjudications, courts do
not count but weigh witnesses; thus, quality of witnesses, not their quantity, is
considered. [13]
Finally, the failure of the State to present receipts proving that the payments by the
complainants was in consideration of their recruitment to Taiwan does not negate the
guilt of the accused. This argument is not novel and unprecedented, for the Court has
already ruled that the absence of receipts evidencing payment does not defeat a
criminal prosecution for illegal recruitment. According to People v. Pabalan: [14]
xxx the absence of receipts in a criminal case for illegal recruitment does not
warrant the acquittal of the accused and is not fatal to the case of the
prosecution. As long as the witnesses had positively shown through their
respective testimonies that the accused is the one involved in the prohibited
recruitment, he may be convicted of the offense despite the want of
receipts.
The Statute of Frauds and the rules of evidence do not require the
presentation of receipts in order to prove the existence of recruitment
agreement and the procurement of fees in illegal recruitment cases. The
amounts may consequently be proved by the testimony of witnesses. [15]
Consequently, as long as the State established through credible testimonial evidence
that the accused had engaged in illegal recruitment, her conviction was justified. [16]
That is what we find herein
On the penalty for illegal recruitment in large scale, Article 39 of the Labor Code
relevantly states:
Article 39. Penalties. - (a) The penalty of life imprisonment and a fine of One
Hundred Thousand Pesos (P100,000.00) shall be imposed if illegal
recruitment constitutes economic sabotage as defined herein;
xxx
Both lower courts correctly found that the accused's acts fell squarely under Article
13(b) of the Labor Code due to the number of her victims being at least four. Hence,
the penalty of life imprisonment and fine of P100,000.00 as prescribed under Article 39
(a) of the Labor Code was proper.
WHEREFORE, the Court affirms the decision of the Court of Appeals promulgated on
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