The trial court correctly ruled that the said certification is a public document issued by a
public officer in the performance of an official duty; hence, it is a prima facie evidence of
the facts therein stated pursuant to Section 23 of Rule 132 of the Rules of Court. In any
event, as said court noted, the appellant admitted in open court that she was not
licensed or authorized to recruit workers.xii[12]
Recruitment is defined in Article 13(b) of the Labor Code as follows:
Recruitment and placement refers 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, 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.
Illegal recruitment is defined in Article 38 of 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 officers 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 penalized in
accordance with Article 39 hereof.
Illegal recruitment is deemed committed by a syndicate if carried out by a group
of three (3) or more persons conspiring and/or confederating with one another in
carrying out any unlawful or illegal transaction, enterprise or scheme defined
under the first paragraph hereof. Illegal recruitment is deemed committed in
large scale if committed against three (3) or more persons individually or as a
group.
It can be gleaned from the foregoing that there is illegal recruitment in large scale when
a person (a) undertakes any recruitment activity defined under Article 13(b) or any
prohibited practice enumerated under Article 34 of the Labor Code; (b) does not have a
license or authority to lawfully engage in the recruitment and placement of workers; and
(c) commits the same against three or more persons, individually or as a group.xiii[13]
Paragraph (b) of Article 38, explicitly provides that illegal recruitment when committed
by a syndicate or in large scale shall be considered an offense involving economic
sabotage. Under Article 39 of the Labor Code the penalty of life imprisonment and a fine
of P100,000 shall be imposed if illegal recruitment constitutes economic sabotage.
The appellant promised the five complainants that there were jobs available for them in
Taiwan. She exacted money from them for alleged passports, as well as for placement
fees. There was a certification from the POEA that the appellant was not licensed to