risked the adverse inference and legal presumption that evidence suppressed would be adverse if
produced.xvi[16]
Furthermore, worth reiterating is the rule that illegal recruitment in large scale is malum
prohibitum, not malum in se, and the fact alone that a person violated the law warrants her
conviction.xvii[17] Thus, any claim of lack of criminal intent, as the herein accused attempts to
raise in her defense, is unavailing. She cannot escape liability by merely passing the blame to her
common-law husband. As the records show, accused-appellant was, in fact, engaged in
recruitment without the requisite license or authority. This alone is sufficient to support her
conviction, and it is now immaterial whether or not she had intended to defraud the
complainants.
WHEREFORE, in view of the foregoing, the judgment appealed from finding accusedappellant REMEDIOS ENRIQUEZ y AGUILAR guilty beyond reasonable doubt of Illegal
Recruitment in Large Scale is AFFIRMED. She is sentenced to suffer the penalt of life
imprisonment and to pay a fine of P100,000. However, the amounts awarded as indemnity to the
complaining witnesses are MODIFIED as follows: (a) Alfredo Evangelista, P3,370; (b) Regina
Evangelista, P5,000; (c) Josefino Mendoza, P1,870; (d) Sheila Lahay Lahay, P2,000 (e) Felix
Azul, P3,370; (f) Lorna Pasagui, P3,370. Costs against accused-appellant.
SO ORDERED.
Vitug, Panganiban, Purisima, and Gonzaga-Reyes, JJ., concur.
i[1] Rollo, pp. 28-35.
ii[2] Ibid., p. 11.
iii[3] TSN, August 1, 1994, pp. 2-10.
iv[4] TSN, August 29, 1994, pp. 4-11.
v[5] Exhibit D, p. 372.
vi[6] TSN, January 10, 1995, pp. 2-11.
vii[7] TSN, January 16, 1995, pp. 2-9.