when committed by a syndicate or in large scale shall be considered an offense
involving economic sabotage.
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Illegal recruitment is deemed committed by a syndicate if carried out by a group of
three (3) or more persons conspiring or confederating with one another. It is deemed
committed in large scale if committed against three (3) or more persons individually
or as a group.
The persons criminally liable for the above offenses are the principals, accomplices
and accessories. In case of juridical persons, the officers having control, management
or direction of their business shall be liable.
Appellant contends that she is not liable for the foregoing illegal recruitment
activities considering that she was merely an employee having no control over the
recruitment business of the Alga-Moher International Placement Services Corporation
and that she did not actually recruit the private complainants. Moreover, she did not
appropriate for her own use the processing fees she received and she had no
knowledge that the agencys license was suspended by the POEA.
The trial court convicted appellant based on its findings that despite the suspension
of the agencys license, appellant still convinced the applicants to give their money with
the promise to land a job abroad. Moreover, as the registered secretary of the agency
she had management control of the recruitment business.
It is axiomatic that findings of facts of the trial court, its calibration of the collective
testimonies of witnesses and probative weight thereof and its conclusions culled from
said findings are accorded by this Court great respect, if not conclusive effect, because
of the unique advantage of the trial court in observing and monitoring at close range, the
conduct, deportment and demeanor of the witnesses as they testify before the trial
court.[12] However, this principle does not apply if the trial court ignored, misunderstood
or misconstrued cogent facts and circumstances of substance which, if considered,
would alter the outcome of the case.[13] The exception obtains in this case.
The records of the case show that Alga-Moher International Placement Service
Corporation is a licensed land-based recruitment agency. Its license was valid until
August 24, 1999.[14] Likewise, appellant was its registered secretary while Mrs. Evelyn
Gloria H. Reyes is its President/General Manager.[15] Part of its regular business activity
is to accept applicants who desire to work here or abroad. Appellant, as secretary of the
agency, was in charge of the custody and documentation of the overseas contracts.
On July 30, 1998, appellant received the processing fees of the private
complainants since the cashier was absent that day. Her receipt of the money was in
compliance with the order of her employer, Mrs. Reyes. She did not convince the
applicants to give her their money since they went to the agency precisely to pay the