No pronouncement of civil liability is hereby made since all the complainants have
been refunded of the fees.
SO ORDERED.
[10]
In this appeal, appellant raises the following assignment of errors:
THE TRIAL COURT ERRED IN CONVICTING THE ACCUSED IN THAT:
A. THE PROSECUTION FAILED TO PROVE BEYOND REASONABLE
DOUBT THAT THE ACCUSED REPRESENTED HERSELF TO
HAVE THE CAPACITY TO CONTRACT, ENLIST AND
TRANSPORT WORKERS ABROAD, OR UNLAWFULLY RECRUIT
THE COMPLAINANTS FOR A FEE.
B. THE PROSECUTION FAILED TO PROVE BEYOND REASONABLE
DOUBT THAT THE ACCUSED HAS MANAGEMENT CONTROL
OVER ALGA-MOHERs RECRUITMENT BUSINESS.
[11]
The Information charged appellant for Illegal recruitment in large scale under
Section 6 (l) and (m) of R.A. No. 8042, otherwise known asMigrant Workers and
Overseas Filipinos Act of 1995, which reads:
SECTION 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 known as the Labor Code of the Philippines: Provided,
That any such non-licensee or non-holder who, in any manner, offers or promises for
a fee employment abroad to two or more persons shall be deemed so engaged. It shall
likewise include the following acts, whether committed by any person, whether a nonlicensee, non-holder, licensee or holder of authority:
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(l) Failure to actually deploy without valid reason as determined by the Department of
Labor and Employment; and
(m) Failure to reimburse expenses incurred by the worker in connection with his
documentation and processing for purposes of deployment, in cases where the
deployment does not actually take place without the worker's fault. Illegal recruitment