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ranging from P100,000.00 to P200,000.00 each; fourth, they were sent first to Thailand
while waiting for the processing of their working visas to London; fifth, they travelled to
Penang, Malaysia to obtain a non-immigrant Thailand visa to validate their stay in
Thailand; and sixth, they were arrested and deported back to the Philippines by the
Thailand immigration office.
To prove illegal recruitment, it must be shown that appellant gave complainants the
distinct impression that he had the power or ability to send complainants abroad for
work such that the latter were convinced to part with their money in order to be
employed.[25]
The first element of large scale illegal recruitment was proven by the testimonies of the
private complainants which the trial court found to be credible and convincing. We find
that they were given in a clear, positive and straightforward manner. Between the
positive and categorical testimonies of private complainants and the unsubstantiated
denials of appellants, we give more weight to the former.
The certification issued by the Philippine Overseas Employment Administration that
Tendenilla is not licensed to recruit workers for overseas employment constitutes the
second element of the crime of illegal recruitment.
The third element is likewise satisfied when at least six (6) individuals filed the case,
claimed and in fact, were found to have been defrauded by appellants.
As for Rea’s participation as a principal, it was likewise established by the testimonies
of the following witnesses, to wit:
Testimony of Alvaro Trinidad:
PROS. DIMAGUILA:
Q:
Who assisted you while in Thailand?
A:
Ginette Azul, JR and Tendenilla, Ma’am.
Q:
Who is JR?
A:
Ma Jenny Rea Guevarra, Ma’am.
Q:
When for the first time did you meet Ma Jenny y Guevarra?
A:
In Bangkok, Ma’am.
Q:
When?
A:
July 3, Ma’am.
Q:
Where did you meet Jenny Rea?
A:
Hotel in Bangkok, Ma’am.
xxxx
Q:
After July 6 what happened?
A:
They brought me at the border, your Honor.
Q:
Border of what?
A:
Thailand and Malaysia, your Honor.
PROS. DIMAGUILA:
Q:
Who were with you?
A:
JR, ma’am.
Q:
You are referring to Jenny Rea?
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55927
16/23