all amounts to bear interest at the legal rate from July 25, 1994, the date of the
filing of the indictments, until fully paid.
SO ORDERED.
Hence, this appeal. Accused-appellant contends that
I. THE TRIAL COURT ERRED IN GIVING CREDENCE TO THE
TESTIMONIES OF THE COMPLAINING WITNESSES. Slxsc
II. THE TRIAL COURT ERRED IN FINDING THE ACCUSED-APPELLANT
GUILTY WHEN THE PROSECUTION FAILED TO PROVE HIS GUILT
BEYOND REASONABLE DOUBT.
First. Accused-appellant claims that when complainants filled out their respective bio-data,
application forms and other documents for employment in Taiwan, they knew that they were
applying for employment abroad through the Steadfast Recruitment Agency. He claims that he
merely suggested to them the opportunity to work overseas but that he never advertised himself
as a recruiter.
The contention has no merit
Accused-appellant is charged with violation of Art. 38 of the Labor Code, as amended by
Presidential Decree No. 2018, which provides that any recruitment activity, including the
prohibited practices enumerated in Art. 34 of said Code, undertaken by persons who have no
license or authority to engage in recruitment for overseas employment is illegal and punishable
under Art. 39. Under Art. 13(b) of the Labor Code, "recruitment and placement" refer 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, is considered engaged in recruitment and
placement. On the other hand, "referral" is defined as the act of passing along or forwarding of
an applicant for employment after an initial interview of a selected applicant for employment to a
selected employer, placement officer or bureau.27[27]
On the other hand, illegal recruitment is considered an offense involving economic sabotage if
any of these qualifying circumstances exist, namely, (a) when illegal recruitment is committed
by a syndicate, i.e., if it is carried out by a group of three or more persons conspiring and/or
confederating with one another; or, (b) when illegal recruitment is committed in large scale, i.e.,
if it is committed against three or more persons individually or as a group. The essential elements
of the crime of illegal recruitment in large scale are: (1) the accused engages in acts of
recruitment and placement of workers defined under Art. 13(b) or in any prohibited activities
under Art. 34 of the Labor Code; (2) the accused has not complied with the guidelines issued by
27[27]
People v. Goce, 247 SCRA 780 (1995)