employment to two or more persons shall be deemed engaged in recruitment and
placement.xxxiii[33] All the essential elements of the crime of illegal recruitment in large scale,
which we have enumerated above, are present in this case.
The prosecution clearly established the fact that accused-appellant had no license to recruit from
the POEA. Yet, the latter entertained the four complainants when they applied, promised them
jobs as domestic helpers in Kuwait, and collected fees from them for processing travel
documents only to renege on her promise and fail to return the money she collected from
complainants despite several demands.
As with the trial court, this Court entertains serious doubts regarding accused-appellants claim
that she was only acting in behalf of a certain Mrs. Ganura. Accused-appellant failed to present
evidence to corroborate her testimony. Neither did she present Mrs. Ganura despite several
opportunities given her by the trial court. The undisputed fact is that appellant was positively
identified as the person who transacted with the four complainants, promised them jobs and
received money from them. On this score, the court a quo found the prosecution evidence
credible and reliable and observed that the complaining witnesses testified and answered
questions in a categorical, straightforward, spontaneous and frank manner.xxxiv[34] As this Court
has consistently held in a long line of cases, the trial court was concededly in the best position to
test the credibility of appellant. Since the trial court did not give credence to accused-appellants
version, this Court is not persuaded by her arguments.
For engaging in recruitment of the four complainants without first obtaining the necessary
license from the POEA, accused-appellant, therefore, is guilty of illegal recruitment in large
scale, an offense involving economic sabotage. She should, accordingly, be punished with life
imprisonment and a fine of P100,000 under Article 39 (a) of the Labor Code, as amended.
In light of the above disquisition, there is no more need to resolve the other assigned errors.
WHEREFORE, the appealed decision of the Regional Trial Court of Pasay City, Branch 113
finding appellant Delia Sadiosa y Cabenta GUILTY beyond reasonable doubt of the crime of
illegal recruitment in large scale and imposing on her life imprisonment, the payment of the fine
of P100,000.00 and the reimbursement of the amounts defrauded from complainants is hereby
AFFIRMED. Costs against accused-appellant.
SO ORDERED.
Narvasa, C.J., (Chairman), Kapunan, and Purisima, JJ., concur.
i[1]
Original Record, p. 1.