6/9/2020 E-Library - Information At Your Fingertips: Printer Friendly In February 1992, accused Garcia saw the group again in a small apartment in San Juan which they utilized as their office. He met them once more at Ricorn's office at Jovan Bldg. where there were many applicants for overseas jobs. This time, they asked him to become Ricorn's president and to contribute only twenty thousand pesos (P20,000.00). He declined the offer. Allegedly, he already knew that Ricorn was not licensed by the Philippine Overseas Employment Agency (POEA) or registered as a corporation with the Securities and Exchange Commission (SEC). He denied he issued receipts to complainants in this case.[13] Accused-appellant Botero is a marine engineer by profession but was working as a barber when the trial took place. He testified that he became acquainted with Ricorn when he applied for overseas employment as a machinist. He dealt with accused Garcia who claimed to be the President of Ricorn. Eventually, he gained the trust of Garcia and became an employee of Ricorn. Three (3) times a week, he reported for work at Jovan Building.[14] As a former seaman, he was familiar with the processing of passport, seaman's book and SOLAS. His job consisted in following-up these documents. He left Ricorn when he discovered it was not licensed by the POEA nor was it registered with the SEC.[15] He denied he recruited the complainants and received any money from them.[16] However, on cross-examination, he admitted that in February 1992, he met Garcia in TADE recruitment agency. Garcia convinced him to become one of the incorporators of Ricorn. He gave money to Garcia for Ricorn's registration with the SEC. They held office at Jovan Building from March 2, 1992 to April 20, 1992.[17] After trial, accused Garcia and Botero were convicted in a decision dated April 19, 1995, to wit: "WHEREFORE, in view of the foregoing, accused CARLOS P. GARCIA and PATRICIO BOTERO are found guilty beyond reasonable doubt of the offense of illegal recruitment on (sic) a large scale constituting economic sabotage under Article 38(b) and punishable under Article 39(a) of the Labor Code as amended and are sentenced to suffer the penalty of life imprisonment and to pay a fine of P100,000.00 each. They are also ordered to indemnify and pay jointly and severally each of the six (6) complainants the amount of P5,000.00. Both accused are also ordered to pay the cost of suit. SO ORDERED."[18] The case against accused Miraples was archived by the court.[19] She has remained at large. Only accused Botero, thru counsel, filed a Notice of Appeal. In his Brief, he raises the following assignments of error, to wit:[20] "I "THE LOWER COURT ERRED IN HOLDING THAT THE EVIDENCE PRESENTED BY THE elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/34714 3/8