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City, dated September 9, 2002 in Criminal Cases Nos. 47984, 47985, 47987,
47988, 47989, 47990 and4 7991 is hereby AFFIRMED.
SO ORDERED.[13]
Dissatisfied with the CA's Decision, appellant elevated her case to this Court. On
February 25, 2015, the Court issued a Resolution[14] requiring the submission of
Supplemental Briefs. However, both parties manifested that they would no longer file
supplemental briefs since they had exhaustively discussed their arguments before the
CA.[15]
Issue
The main issue raised by the appellant is whether the trial court erred in finding that
her guilt for the crime charged had been proven beyond reasonable doubt. Appellant
maintains that she never met any of the private complainants during her short stay in
Iloilo. Appellant lays the blame and points to Shirley as the one engaged in recruitment
activities. She insists that she was a mere visitor in the house of Shirley's mother and
thus prays for her acquittal.
Our Ruling
After a judicious review of the records of the case, we find the appeal unmeritorious.
Article 13(b) of the Labor Code defines recruitment and placement, viz.:
[A]ny 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.
Recruitment becomes illegal when undertaken by non-licensees or non-holders of
authority. Article 38 of the Labor Code provides:
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 Secretary 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.
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