4/9/2020 E-Library - Information At Your Fingertips: Printer Friendly accessory penalties of civil interdiction and perpetual absolute disqualification from the right of suffrage. It also modified the appellant’s indeterminate penalty for the two (2) counts of estafa to two (2) years, four (4) months and one (1) day of prision correccional, as minimum, to five (5) years, five (5) months and eleven (11) days of prision correccional, as maximum, for each count.[6] We now rule on the final review of the case. Our Ruling We dismiss the appeal. We find no reason to reverse the findings of the RTC, as affirmed by the CA. The appellant is guilty of large scale illegal recruitment. The essential elements of large scale illegal recruitment, to wit: a) the offender has no valid license or authority required by law to enable him to lawfully engage in recruitment and placement of workers; b) the offender undertakes any of the activities within the meaning of "recruitment and placement" under Article 13(b) of the Labor Code, or any of the prohibited practices enumerated under Article 34 of the said Code (now Section 6 of Republic Act No. 8042); and c) the offender committed the same against three (3) or more persons, individually or as a group,[7] are present in this case. The prosecution adduced proof beyond reasonable doubt that the appellant enlisted the three (3) complainants for overseas employment without any license to do so. The RTC and the CA correctly rejected the subsequent recantations of Alviar and Pagcaliwagan since these were made a year after their testimonies in court.[8] Also, Alviar failed to offer any explanation for her change of mind,[9] while Pagcaliwagan admitted that he recanted because the appellant returned the money he paid.[10] We have often stressed that recantations are frowned upon since a recantation is exceedingly unreliable; it is easily secured from a poor and ignorant witness, usually through intimidation or for monetary consideration.[11] The penalty for large scale illegal recruitment is life imprisonment and a fine of not less than P500,000.00 nor more than P1,000,000.00.[12] Thus, the RTC and the CA correctly imposed upon the appellant the penalty of life imprisonment and a P500,000.00 fine. The CA correctly deleted the accessory penalties of civil interdiction and perpetual absolute disqualification from the right of suffrage imposed by the RTC since such additional penalty is not part of the prescribed penalty for the offense.[13] The appellant is also guilty of two (2) counts of estafa. The essential elements of estafa, to wit: (a) that the accused defrauded another by abuse of confidence or by means of deceit, and (b) that damage or prejudice capable of pecuniary estimation is caused to the offended party or third person,[14] are present in this case. The prosecution adduced proof beyond reasonable doubt that the complainants shelled out processing fees to the appellant due to her false representations of overseas jobs, which did not materialize. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/24088 2/4

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