G. R. No. 178337 8 of 21 http://sc.judiciary.gov.ph/jurisprudence/2009/june2009/178337.htm II. ASSUMING ARGUENDO THAT THE PETITIONER IS CULPABLE, THE HONORABLE COURT OF APPEALS ERRED IN MODIFYING THE DECISION OF THE REGIONAL TRIAL COURT AS REGARDS THE TERM OF SENTENCE IN THE [36] ILLEGAL RECRUITMENT CASE. Essentially, she argues that there was no proof beyond reasonable doubt that x x x [she] gave Biacora a distinct impression that she had the power or ability to send him [37] abroad for work such that the latter was convinced to part with his money. Petitioner Ritualo maintains that Biacora transacted with Seraspe and not with her. Assuming for the sake of argument that she and Biacora had any agreement with each other, petitioner Ritualo insisted that it was merely to facilitate the latters application for an Australian Visa. Particularly, she pointed out that the prosecution failed to present other witnesses who could have corroborated the claim of Biacora that she (Ritualo) promised him employment abroad. Anent the penalty imposed by the courts, petitioner disputed the appellate courts reasoning and claimed that the same was improper in view of the ruling of this Court in [38] in which therein respondent was also convicted of Simple Illegal People v. Gallardo, Recruitment. The Office of the Solicitor General, for the People of the Philippines, on the other hand, asserted that the findings of the Court of Appeals were supported by the records of the case, i.e., Biacora was consistent in his testimony that it was petitioner who illegally recruited him for work as a farmhand in Australia. Thus, [a]s against the positive and categorical testimony of the private complainant (Biacora), petitioners denial cannot prevail. We find no merit in the petition. Having weighed the evidence for the contending parties, there is no cogent reason to reverse the findings and conclusion of the RTC as affirmed by the Court of Appeals. The crime of Simple Illegal Recruitment is defined and penalized under Sec. 6 of Republic Act. No. 8042, which reads: SEC. 6. Definition. - For purposes of this Act, illegal recruitment shall mean any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers and includes referring, contract services, promising or advertising for employment abroad, whether for profit or not, when undertaken by a non-licensee or non-holder of authority contemplated under Article 13(f) of Presidential Decree No. 442, as amended, otherwise 1/28/2016 11:03 AM