4/10/2020
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On appeal, the CA affirmed the findings of fact of the trial court in the former’s assailed
Decision, but modified the award of damages, to wit:[8]
WHEREFORE, the Appeal is DISMISSED. The assailed Decision dated June
27, 2008 of the Regional Trial Court, Branch 16 of Zamboanga City in
Criminal Case No. 19921 is AFFIRMED with MODIFICATION that the
amount of exemplary damages in favor of the private complainants be
reduced to P25,000.00 each.
SO ORDERED.
In the present appeal, instead of filing a supplemental brief, both accused-appellant
and the Office of the Solicitor General opted to adopt their respective Briefs filed with
the CA.
The appeal is unmeritorious.
To be convicted of the crime of illegal recruitment committed by a syndicate, the
following elements must occur:[9]
1. The accused have no valid license or authority required by law to enable them to
lawfully engage in the recruitment and placement of workers.
2. The accused engaged in this activity of recruitment and placement by actually
recruiting, deploying and transporting.
3. Illegal recruitment was committed by three persons conspiring and confederating
with one another.
As to the first element, accused-appellant admitted that she did not have a valid license
to recruit persons for overseas employment, consistent with her defense that she did
not engage in the recruitment of persons for employment.
Anent the second element, both victims, AAA and BBB, narrated in great detail how
they were induced by accused-appellant to accept an employment opportunity, and
how they were successfully transported from Zamboanga City to Malaysia where they
eventually worked as prostituted women.
On the third element, accused-appellant posits that the prosecution failed to prove that
there were more than two persons involved in the alleged crime of illegal recruitment,
since the trial court held only two of the accused liable for the crime. The prosecution,
she alleges, failed to establish that the other accused Macky, Jun, and Tas also had no
license or authority to recruit workers for overseas employment.
In the recent case People v. Lalli,[10] we affirmed the trial court’s findings in which 2 of
the 3 accused were convicted of illegal recruitment committed by a syndicate, even
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