account of their respective unpleasant experiences with accused-appellant.[46] More so,
when we bear in mind that accused-appellant has denied ever knowing the
complainants before. In People v. Villas[47]we observed that it was contrary to human
nature and experience for persons to conspire and accuse a stranger of a crime that
would take the latter's liberty and send him to prison just to appease their feeling of
rejection and vindicate the frustration of their dreams to work abroad. It is in this light
that we find any inconsistencies that accused-appellant harps on in the testimonies of
the complainants to be inconsequential. What is important is that they have positively
identified accused-appellant as their illegal recruiter.[48]
From the foregoing, the question that must be asked is: If accused-appellant indeed
worked for Laurente under AMBERLYN, why was accused-appellant usually seen at
work at the KGW office? It could only mean that the arrangement between Laurente and
accused-appellant, whatever it may be, was not officially acknowledged or sanctioned
by AMBERLYN. Hence, accused-appellant may not be allowed to take refuge behind
AMBERLYN's mantle.
What is clear from the evidence on record is that accused-appellant was
categorically named by the complainants as their recruiter. She was the one pointed to
by the complainants as representing herself to have the capacity to send them overseas
with cushy jobs waiting for them.She was the one who received their payments and
issued receipts. She informed them of the requirements for deployment abroad. She
named KGW as her office and worked in an office under the name of KGW. Yet at the
time that she was working ostensibly for KGW she was not in the list of its employees
nor was KGW licensed or existing because it was delisted from the roster of POEA
licensed agencies on 16 August 1996.[49]
Thus, the aforementioned facts show that accused-appellant was neither an
employee of AMBERLYN nor of KGW. Not being an employee of registered recruiting
agencies, accused-appellant necessarily had no license to recruit complainants, hence,
her promises of employment abroad for a fee to the eight (8) complainants were tainted
with the presumption of being within the purview of "illegal recruitment" in large scale
under Sec. 6 of RA 8042 -
Sec.6. Definition. - For purposes of this Act, illegal recruitment shall mean any act of
canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers
and includes referring, contract services, promising or advertising for employment
abroad, whether for profit or not, when undertaken by a non-license or non-holder of
authority contemplated under Art. 13 (f) of Presidential Decree No. 442, as amended,
otherwise known as the Labor Code of the Philippines; Provided, that any such nonlicensee or non-holder who, in any manner, offers or promises for a fee employment
abroad to two or more persons shall be deemed so engaged x x x x Illegal recruitment
when committed by a syndicate or in large scale shall be considered an offense
involving economic sabotage.