THE COURT A QUO ERRED IN FINDING THE ACCUSED-APPELLANT GUILTY OF ESTAFA BEYOND REASONABLE DOUBT. III ASSUMING ARGUENDO THAT THE ACCUSED-APPELLANT IS GUILTY OF THE CRIME CHARGED, THE COURT A QUO ERRED IN NOT IMPOSING THE PROPER PENALTY. IV THE COURT A QUO ERRED IN AWARDING ACTUAL DAMAGES OF P15,000.00 FOR PRIVATE COMPLAINANT BAKIAN AND P15,000.00 TO PRIVATE COMPLAINANT FELISA BAYANI. Accused-appellant argues that she can not be convicted of illegal recruitment or estafa as it was Magdalena Bolilla who initiated, facilitated and made representations that complainants can be deployed as overseas workers. The appeal is without merit. Illegal recruitment in large scale is defined and penalized in Articles 38 (b) and 39 (a) of the Labor Code, viz: Art. 38. Illegal Recruitment. (a) Any recruitment activities, including the prohibited activities enumerated under Article 34 of this Code, to be undertaken by non-licencees or non-holders of authority shall be deemed illegal and punishable under Article 39 of this Code. The [Department] 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 as 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. 39. Penalties. (a) The penalty of life imprisonment and a fine of One Hundred Thousand pesos (P100,000.00) shall be imposed if illegal recruitment constitutes economic sabotage as defined herein. xxx Article 13 (b) of the Labor Code defines recruitment and placement as: