People vs Recio : 118104-06 : November 28, 1997 : J. Romero : Third... http://sc.judiciary.gov.ph/jurisprudence/1997/nov1997/118104_06.htm failed to prove their complicity in the offenses charged. Recio alleges, among other things, that he has no participation in the recruitment activities of his co-accused Valencia and that the evidence clearly show that it was only the latter who induced the complainants to apply for employment abroad and did in fact receive the amounts intended as placement fees. Valencia, on the other hand, contends that her only involvement in the matter was the referral of complainants to the Talisman Placement Agency. The implausible arguments adduced by appellants fail to persuade us. The prosecution propounded clear and convincing evidence to prove the participation of appellants in the commission of the crime of illegal recruitment. Illegal recruitment is committed when two requisites concur, to wit: 1) That the offender has no valid license or authority required by law to enable one to lawfully engage in recruitment and placement of workers; and 2) That the offender undertakes either any activity within the meaning of recruitment and placement defined under Article 13(b),[6] or any prohibited practice enumerated under Article 34[7] of the Labor Code, as amended. Accordingly, illegal recruitment is now an offense which is essentially committed by non-licensees or non-holders of authority. Licensees or holders of authority may, however, incur criminal liability for violation of other provisions of Title I, Book I of the Labor Code, such as Article 29, 32, or 34, which are penalized under Article 39(b) of the Code. The record shows that, indeed, appellants offered prospective employment abroad to the complainants for a monetary consideration. Collectively, complainants narrated the same story. They asserted that appellants, representing themselves as husband and wife, offered them work abroad and exacted money from them, the amount being more than what is legally required, in the guise of a placement or processing fee. This notwithstanding, appellants promises remained unfulfilled, leaving the complainants penniless, with no other recourse but to seek redress from the courts for the wrong committed against them. The testimonies of the complainants undoubtedly reveal appellants to be the culprits in an elaborate scheme to defraud the hopeful applicants for overseas work.[8] In the matter of credibility of witnesses, we reiterate the familiar and well-entrenched rule that the factual findings of the trial courts should be respected. The judge a quo was in a better position to pass judgment on the credibility of witnesses, having personally heard them when they testified and observed their deportment and manner of testifying. It is doctrinally settled that the evaluation of the testimony of the witnesses by the trial court is received on appeal with the highest respect, because it had the direct opportunity to observe the witnesses on the stand and detect if they were telling the truth. This assessment is binding upon the appellate court in the absence of a clear showing that it was reached arbitrarily or that the trial court had plainly overlooked certain facts of substance or value that if considered might affect the result of the case.[9] Recio contends that the evidence adduced by the prosecution is insufficient to sustain his conviction on the ground that the testimonies of the complainants were not corroborated by other witnesses. Such overused, timeworn contention is unacceptable. As held in People v. Pabalan,[10] corroborative evidence is necessary only when there are reasons to warrant the suspicion that the witness falsified the truth or that his observation had been inaccurate. This is buttressed by the fact that appellants failed to show any reason why complainants would impute to them the charge of illegal recruitment. Recio also argues that he should not be held liable for the crime of estafa on the ground that he was not the one who received the payments tendered by complainants. 4 of 6 1/25/2016 12:39 AM