(2) In Criminal Cases Nos. 92-113706, 92-113707, 92-113708 and 92-113709, to suffer in each case the indeterminate penalty of one (1) year and eight (8) months of prision correccional minimum as minimum to five (5) months and eleven (11) days of prision correccional maximum as maximum. Further, the accused shall indemnify the private complainants Fernando dela Cruz, James Mazon, Leonardo Mercurio and Mario Regino P. Decena the respective sums of P21,000.00, P15,000.00, P21,000.00, and P34,000.00, with interest thereon at the legal rate from judicial demand until fully paid. Costs against the accused in all the above-mentioned cases. Anent Criminal Cases No. 92-113703, 92-113704 and 92-113705, the same are hereby ordered dismissed as against accused Mario Alzona for lack of evidence. No costs. SO ORDERED.11 Appellant appealed the criminal cases to the Court of Appeals with the following Assignment of Errors: I THE TRIAL COURT ERRED IN FINDING THAT ACCUSED-APPELLANT ILLEGALLY RECRUITED THE COMPLAINANTS. II THE TRIAL COURT ERRED IN CONVICTING THE ACCUSED-APPELLANT OF 4 COUNTS OF ESTAFA DESPITE PROSECUTION’S FAILURE TO PROVE THAT HE CONSPIRED WITH HIS WIFE IN DEFRAUDING THE COMPLAINANTS. Appellant points out that the testimonies of Mercurio, Dela Cruz and Mazon showed that it was actually only Miranda who transacted with private complainants. Therefore, argues appellant, there was no sufficient evidence to prove that appellant was acting in confederation with his wife. Furthermore, appellant claims that private complainants merely implicated him because they could no longer find Miranda who was the one who recruited private complainants for overseas employment. On July 28, 1997, the Court of Appeals rendered its Decision, the decretal portion of which has been quoted earlier. First, we tackle the charge of Illegal Recruitment against appellant. Pertinent provisions of the Labor Code state thus: Article 13. Definitions. ... (b) ‘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. ... Article 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 Department of Labor 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 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, . . . Article 39. Penalties. – (a) The penalty of life imprisonment and a fine of One Hundred Thousand Pesos (P100,000.00) shall be imposed if illegal recruitment constitutes economic sabotage as defined herein; . . . Pursuant to the foregoing, the prosecution must prove the following elements of the crime of illegal recruitment in large scale, to wit: