Accused-appellant concedes that complainants were victims of illegal recruitment, but he claims that the evidence against him is purely testimonial and not documentary and that it is insufficient to convict. He argues that based on the evidence of the prosecution, the culprit is his wife, Baby Tan, who is at present abroad, but he had no participation in the illegal activities of his wife and his sister-in-law. He also claims the acts imputed to him in the affidavits of Antonio Peralta and Nelson Tamares do not constitute illegal recruitment. He assails the testimonies of the prosecution witnesses as incredible and inconsistent and asserts that the prosecution witnesses failed to identify him. Finally, he argues that the trial court failed to give evidentiary value to the waivers executed by Danilo Rivera and Nelson Tamares, which amount to affidavits of desistance. Accused-appellants contentions are without merit. First. In Criminal Case No. 92-105275, accused-appellant was charged with illegal recruitment committed in large scale under Art. 38(a) and (b) of the Labor Code in relation to Art. 13(b) and (c) of the said Code. These provisions state: Art. 38. Illegal Recruitment. (a) Any recruitment activities, including the prohibited practices enumerated under Article 34 of this Code, to be undertaken by non-licensees or non-holders of authority shall be deemed illegal and punishable under Article 39 of this Code. The Ministry 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 group of three (3) or more persons conspiring and/or confederating with one another in carrying out any unlawful or illegal transaction, enterprise or scheme defined under the first paragraph hereof. Illegal recruitment is deemed committed in large scale if committed against three (3) or more persons individually or as a group. Art. 13. Definitions. . . . . (b) Recruitment and placement refers to 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: Provided, That any person or entity which, in any manner, offers or promises for a fee employment to two or more persons shall be deemed engaged in recruitment and placement. (c) Private fee-charging employment agency means any person or entity engaged in the recruitment and placement of workers for a fee which is charged, directly or indirectly, from the workers or employers or both.

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