People vs Recio : 118104-06 : November 28, 1997 : J. Romero : Third... 5 of 6 http://sc.judiciary.gov.ph/jurisprudence/1997/nov1997/118104_06.htm This argument again is untenable. The Court finds ample evidence that appellants acted in conspiracy in inducing the complainants to pay them placement fees. Their testimonies clearly manifest that appellants represented themselves as recruiters, first: by demanding and receiving placement fees; and second: by prescribing the documents needed for employment abroad. Thus, it can be inferred from the conduct of appellants that they acted in unison with each other, evincing a common purpose or design.[11] Clearly, appellants were motivated by prospects of illicit gain at the expense of hapless and desperate victims whose only desire was to secure decent jobs for themselves abroad even if it meant being away from their families, as long as they could send money to assure them a modicum of sustenance. Accordingly, let the full force of the law fall upon these heartless malefactors. WHEREFORE, the appeal is DISMISSED and the decision of the trial court finding appellants Sixto Recio and Zenaida Valencia guilty beyond reasonable doubt of illegal recruitment and estafa is hereby AFFIRMED with the MODIFICATION that appellants in Criminal Cases No. 92-108477 and 108478 shall each suffer the penalty of twelve (12) years and one (1) day; and four (4) years, two (2) months and one (1) day as minimum to six (6) years and one (1) day, as maximum, respectively. Appellants are also ORDERED to return and pay to RUEL V. VICENTE the amount of NINETY THOUSAND PESOS (P90,000.00); and to ROWENA L. REYES the amount of FIFTEEN THOUSAND PESOS (P15,000.00). Costs against accused-appellants. SO ORDERED. Narvasa, C.J., (Chairman), Melo, Francisco, and Panganiban, JJ., concur. [1] Rollo, p. 3. [2] Ibid., p. 4. [3] Id., p. 5. [4] Penned by Judge Ceasr J. Mindaro. [5] Rollo, p. 22. [6] ART. 13. (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. [7] ART. 34. Prohibited practices. - It shall be unlawful for any individual, entity, licensee, or holder of authority.: (a) To charge or accept, directly or indirectly, any amount greater than that specified in the schedule of allowable fees prescribed by the Secretary of Labor, or to make a worker pay any amount greater than that actually received by him as a loan or advance; (b) To furnish or publish any false notice or information or document in relation to recruitment or employment; (c) To give any false notice, testimony, information or document or commit any act of misrepresentation for the purpose of securing a license or authority under this Code; (d) To induce or to attempt to induce a worker already employed to quit his employment in order to offer him to another unless the transfer is designed to liberate the worker from oppressive terms and conditions of employment; (e) To influence or to attempt to influence any person or entity not to employ any worker who has not applied for employment through his agency; 1/25/2016 12:39 AM