People vs Villas : 112180 : August 15, 1997 : J. Panganiban : Third Div... 4 of 10 http://sc.judiciary.gov.ph/jurisprudence/1997/aug1997/112180.htm Version of the Defense The defense presented two witnesses, Accused-appellant Mildred Villas and Vilma Luyahan. The testimony[16] of appellant consisted simply of denial. She denied having recruited or assisted anyone for overseas employment. Neither did she accept any payments from the private complainants. She claimed that she came to know Acierda and Villegas only after Vilma Luyahan introduced them to her, upon which they asked her for information on how to apply for employment in Canada. Upon being asked why a case was filed against her, Villas answered that it was because she refused to accept the proposal of Acierda and her husband for the three of them to engage in recruitment. Vilma Luyahan simply corroborated[17] the testimony of the accused-appellant. Lone Assignment of Error The accused-appellant, in her six-page brief, assigns a single error:[18] The trial court erred in not acquitting the appellant on ground of reasonable doubt. Stated otherwise, appellants contention is that the prosecution evidence was not sufficient to convict her of the crime. This Courts Ruling The appeal is not meritorious. Sufficiency of Prosecution Evidence to Prove the Elements of the Crime Illegal recruitment in large scale is defined and penalized by the Labor Code as follows: Art. 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 Ministry 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 an offense involving economic sabotage and shall be Pealized in accordance with Article 39[19] hereof. x x x Illegal recruitment is deemed committed in large scale if committed against three (3) or more persons individually or as a group. The Labor Code itself provides that recruitment and placement refer 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: Provided, [t]hat 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.[20] 1/24/2016 11:04 PM