5/28/2020
E-Library - Information At Your Fingertips: Printer Friendly
SO ORDERED.[9]
Decision of the CA
Inovero appealed, contending that:
THE TRIAL COURT GRAVELY ERRED IN FINDING ACCUSED-APPELLANT
GUILTY OF THE CRIME CHARGED DESPITE THE PROSECUTION’S FAILURE TO
ESTABLISH [HER] GUILT BEYOND REASONABLE DOUBT.[10]
On August 26, 2010, the CA affirmed the conviction, viz:
WHEREFORE, the instant appeal is DISMISSED. The January 14, 2008
Decision of the RTC is AFFIRMED.
SO ORDERED.[11]
Issue
In this appeal, Inovero insists that the CA erred in affirming her conviction by the RTC
because she had not been an employee of Harvel at any time; that she could be faulted
only for her association with the supposed illegal recruiters; that in all stages of the
complainants’ recruitment for overseas employment by Harvel, they had transacted
only and directly with Diala; and that the certification from the POEA to the effect she
was not a licensed recruiter was not a positive proof that she engaged in illegal
recruitment.
Ruling of the Court
The appeal lacks merit.
In its assailed decision, the CA affirmed the entire findings of fact of the RTC, stating:
The essential elements of illegal recruitment committed in large scale are:
(1) that the accused engaged in acts of recruitment and placement of
workers as defined under Article 13(b) of the Labor Code, or in any
prohibited activities under Article 34 of the same Code; (2) that the accused
had not complied with the guidelines issued by the Secretary of Labor and
Employment with respect to the requirement to secure a license or authority
to recruit and deploy workers; and (3) that the accused committed the
unlawful acts against 3 or more persons. In simplest terms, illegal
recruitment is committed by persons who, without authority from
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57144
5/12