4/16/2021 E-Library - Information At Your Fingertips: Printer Friendly SO ORDERED.[20] Hence, this appeal. Accused-appellant contends that- I. THE LOWER COURT ERRED IN RELYING UPON THE JURISPRUDENCE AND AUTHORITIES CITED, I.E., PEOPLE VS. COMIA, PEOPLE VS. MANOZCA, PEOPLE VS. HONRADA, PEOPLE VS. TAN TIONG MENG, PEOPLE VS. VILLAS AND PEOPLE VS. SENDON BECAUSE, WITH DUE RESPECT, THE FACTS AND CIRCUMSTANCES AVAILING IN SAID CASES ARE DIFFERENT AS IN THE PRESENT CASE; AND II. [THE LOWER COURT] ERRED IN HOLDING THE ACCUSED GUILTY BEYOND REASONABLE DOUBT ON THE BASIS OF THE EVIDENCE ADDUCED BY THE PROSECUTION TAKEN IN THE LIGHT OF THE UNREBUTTED EVIDENCE OF THE ACCUSED ON VERY MATERIAL POINTS.[21] The contentions are without merit. In Criminal Case No. Q-94-59473, accused-appellant was charged with illegal recruitment in large scale, the essential elements of which are: (1) that the accused engages in acts of recruitment and placement of workers defined under Art. 13 (b) or in any of the prohibited activities under Art. 34 of the Labor Code; (2) that the accused has not complied with the guidelines issued by the Secretary of Labor and Employment, particularly with respect to the securing of a license or an authority to recruit and deploy workers, either locally or overseas; and (3) that the accused commits the unlawful acts against three or more persons, individually or as a group.[22] In these cases, according to the certification of the POEA, accused-appellant had no license or authority to engage in any recruitment activities.[23] In fact, this was stipulated at the trial.[24] Accused-appellant claims, however, that she herself was a victim of illegal recruitment and that she simply told complainants about job opportunities abroad. The allegation is untenable. Art. 13 (b) of the Labor Code defines "recruitment and placement" as referring 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. The same article further states 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.[25] The evidence for the prosecution shows that accusedappellant sought out complainants and promised them overseas employment. Despite their initial reluctance because they lacked the technical skills required of seamen, complainants were led to believe by accused-appellant that she could do something so that their applications would be approved. Thus, because of accused-appellant's misrepresentations, complainants gave her their moneys. Accused-appellant's companions, Domingo, Baloran, and Mendoza, made her ploy even more plausible. https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/52128 8/14