6/7/2020
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I
THE LOWER COURT ERRED IN FINDING THE ACCUSED-APPELLANT GUILTY
BEYOND REASONABLE DOUBT OF THE CRIMES CHARGED DESPITE THE
PATENT WEAKNESS OF THE PROSECUTION'S DEFENSE
II
THE LOWER COURT ERRED IN NOT GIVING EXCULPATORY WEIGHT TO THE
DEFENSE INTERPOSED BY THE ACCUSED-APPELLANT
III
THE LOWER COURT ERRED IN NOT GIVING WEIGHT AND CREDENCE TO THE
RETRACTIONS MADE BY COMPLAINANT REYNALDO DAHAB[20]
The accused-appellant insists on her innocence, and points to Langreo and Bermudez
as the persons who had directly engaged in illegal recruitment. She argues that her
participation had been limited to signing the receipts as a witness, and to receiving
payments for the medical examinations;[21] that the CA and the RTC had disregarded
the recantation by Dahab; and that had the evidence been limited to the testimonies of
Caniazares and Miparanum, she would have only been liable for simple illegal
recruitment.[22]
Did the CA correctly affirm the conviction of the accused-appellant for the crimes of
illegal recruitment in large scale and estafa?
Ruling of the Court
We affirm the assailed judgment of the CA.
I
Illegal Recruitment Committed in Large Scale
Illegal recruitment is committed by a person who: (a) undertakes any recruitment
activity defined under Article 13(b) or any prohibited practice enumerated under Article
34 and Article 38 of the Labor Code; and (b) does not have a license or authority to
lawfully engage in the recruitment and placement of workers.[23] It is committed in
large scale when it is committed against three or more persons individually or as a
group.[24]
The CA properly affirmed the conviction of the accused-appellant by the RTC for illegal
recruitment committed in large scale because she had committed acts of recruitment
against at least three persons (namely: Canizares, Dahab, and Miparanum) despite her
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