4/16/2021 E-Library - Information At Your Fingertips: Printer Friendly filing of the case until fully paid; "9) Guilty beyond reasonable doubt of the crime of Estafa in Criminal Case No. 93-127427 and is sentenced to serve indeterminate sentence of four (4) years of prision correccional maximum, as minimum to six (6) years and eight (8) months of prision mayor minimum as maximum, and to pay the complainant the sum of P15,000.00 plus legal interest from the filing of the case until fully paid. "As earlier stated, Criminal Case No. 93-127424 is dismissed for failure of the prosecution to adduce evidence. "SO ORDERED. "Manila, September 20, 1995. "(Sgd.) ZEUS C. ABROGAR "Judge." Hence, this appeal.[21] In her brief, accused-appellant anchors her defense on the approval of her application for a license to recruit on April 13, 1993, which, according to her, rendered her a genuine holder of authority. She also claimed that she was denied her constitutional right to compulsory process.[22] On the other hand, the Solicitor General contends that appellant was a non-licensee and had no authority to recruit anyone for overseas employment, and that she failed to proffer any compelling reason to justify her request for the production of POEA records. [23] We find the appeal devoid of merit. Appellant interposes the defense that the approval of her application for a service contractor's authority on April 13, 1993 should be given a retroactive effect as to make all her previous recruitment activities valid. However, this issue was not raised in the trial court. She cannot now be allowed to raise it for the first time on appeal without offending basic rules of fair play, justice and due process.[24] The records show that the license was not issued due to her failure to comply with post-licensing requirements.[25] It is the issuance of the license which makes the holder thereof authorized to perform recruitment activities. The law specifically provides that "every license shall be valid for at least two (2) years from the date of issuance unless sooner cancelled or revoked by the Secretary.[26] Appellant herself admitted that she had no authority to recruit private complainants, thus: https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/51175 8/11

Select target paragraph3