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.