(3) He committed the same against three or more persons, individually or as a group. [9]
Article 13 (b) of the Labor Code defines recruitment and placement as follows:
xxx [A]ny act of canvassing, enlisting, contracting, transporting, utilizing, hiring
or procuring workers [which] includes referrals, contact services, promis[es] or
advertising for employment, locally or abroad, whether for profit or
not: Provided, That 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.
Accused-appellant argues that the prosecution failed to establish the second
element considering that no representative from the POEA was presented in court to
testify as to the authenticity of the Certificate issued by the POEA that accusedappellant was an unlicensed illegal recruiter. The challenge against the POEA
certification that the accused-appellant was neither licensed nor authorized to recruit
workers for overseas employment must fail. A POEA certification is a public document
issued by a public officer in the performance of an official duty; hence, it is prima
facie evidence of the facts therein stated pursuant to Section 23 of Rule 132 of the
Rules of Court.[10] Public documents are entitled to a presumption of regularity,
consequently, the burden of proof rests upon him who alleges the contrary. [11] Accusedappellant did not even bother to allege the contrary as she admitted in open court that
she was not licensed or authorized to recruit workers.[12]
Accused-appellant also argues that a close scrutiny of the testimonies of private
complainants reveals that accused-appellant did not recruit all of the complainants for
overseas employment. According to accused-appellant, the testimony of Domingo
Mariano reveals that it was Elizabeth Bernal who recruited him for overseas
employment; while the testimonies of Eva Amada, Rizza Oliva and Angelo Ballester
disclose that it is Ma. Concepcion Dionisio (sister of Eva Amada) who recruited them for
overseas employment.
This argument of the defense unduly strains the credulity of this Court. The fact that
Elizabeth Bernal, herself a victim of accused-appellant, and Macon Dionisio introduced
some of the victims to accused-appellant and encouraged in some way or another said
complainants to apply for overseas employment with the accused-appellant do not in
any way shift the blame towards them or blot out accused-appellants culpability.The
actuations of Elizabeth Bernal and Macon Dionisio only show that they were totally
duped into believing accused-appellants ruse.
The totality of the evidence shows that it was accused-appellant who purported to
have the ability to send a worker abroad for employment although without the authority
or license to do so. She was the one who told them about the job prospects in Taiwan
and the requirements for their deployment. She was also the one who received the
placement fees paid by the complainants. All of the witnesses testified to having
personally met the accused-appellant; they testified that she asked from them a sum of
money in exchange for the promised employment overseas; and that they gave her the
money. Exhibits were presented in the form of receipts signed by accused-