7/7/2021
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This Court, in its October 2, 2017 Resolution,[18] notified the parties that they may file
their supplemental briefs, if they so desire. However, both parties manifested[19] that in
lieu of filing supplemental briefs, they were adopting their respective briefs filed before
the CA.
Issue
The main issue raised by appellant is whether the RTC erred in finding that his guilt for
the crime charged had been proven beyond reasonable doubt.
Appellant maintains that the RTC gravely erred in giving weight to the testimonies of
the prosecution witnesses despite their inconsistencies, which therefore casts doubt on
the veracity and credibility of their declarations. In particular, appellant points out that
the testimony of Llave is unclear as to when she came to know of appellant.
Appellant also claims that: (1) Llave's failure to request from appellant a receipt for the
amounts supposedly paid to him; and (2) Concrenio's act of paying appellant the sum
of P10,000.00 as processing fee for his papers with the United States Embassy, but
which pertains to his employment in Canada, are unnatural and contrary to human
experience, which therefore cast doubt on the veracity of their accounts.
Appellant further denies promising any kind of overseas employment to Sta. Maria, and
that the latter "parted with his money because of what he learned from [De Leon] and
[Barabas] and not because of any representations made by [appellant]."[20] Appellant
also faults the RTC for disregarding his defense of denial.
Our Ruling
We find the appeal unmeritorious.
Illegal recruitment in large scale:
Article 13(b) of the Labor Code, as amended,[21] defines recruitment and placement as
"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." Recruitment, as defined in
the Labor Code, becomes illegal when undertaken by non-licensees or non-holders of
authority. In this regard, Article 38 of the Labor Code provides:
ARTICLE 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 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
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66798
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