6/9/2020 E-Library - Information At Your Fingertips: Printer Friendly It is well-settled that 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.[22] As testified to by Mana-a, Ferrer, and Golidan, Ocden gave such an impression through the following acts: (1) Ocden informed Manaa, Ferrer, and Golidan about the job opportunity in Italy and the list of necessary requirements for application; (2) Ocden required Mana-a, Ferrer, and Golidan's sons, Jeffries and Howard, to attend the seminar conducted by Ramos at Ocden's house in Baguio City; (3) Ocden received the job applications, pictures, bio-data, passports, and the certificates of previous employment (which was also issued by Ocden upon payment of P500.00), of Mana-a, Ferrer, and Golidan's sons, Jeffries and Howard; (4) Ocden personally accompanied Mana-a, Ferrer, and Golidan's sons, Jeffries and Howard, for their medical examinations in Manila; (5) Ocden received money paid as placement fees by Mana-a, Ferrer, and Golidan's sons, Jeffries and Howard, and even issued receipts for the same; and (6) Ocden assured Mana-a, Ferrer, and Golidan's sons, Jeffries and Howard, that they would be deployed to Italy. It is not necessary for the prosecution to present a certification that Ocden is a nonlicensee or non-holder of authority to lawfully engage in the recruitment and placement of workers. Section 6 of Republic Act No. 8042 enumerates particular acts which would constitute illegal recruitment "whether committed by any person, whether a nonlicensee, non-holder, licensee or holder of authority." Among such acts, under Section 6(m) of Republic Act No. 8042, is the "[f]ailure 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." Since illegal recruitment under Section 6(m) can be committed by any person, even by a licensed recruiter, a certification on whether Ocden had a license to recruit or not, is inconsequential. Ocden committed illegal recruitment as described in said provision by receiving placement fees from Mana-a, Ferrer, and Golidan's two sons, Jeffries and Howard, evidenced by receipts Ocden herself issued; and failing to reimburse/refund to Mana-a, Ferrer, and Golidan's two sons the amounts they had paid when they were not able to leave for Italy, through no fault of their own. Ocden questions why it was Golidan who testified for private complainants Jeffries and Howard. Golidan had no personal knowledge of the circumstances proving illegal recruitment and could not have testified on the same. Also, Jeffries and Howard already executed an affidavit of desistance. All Golidan wants was a reimbursement of the placement fees paid. Contrary to Ocden's claims, Golidan had personal knowledge of Ocden's illegal recruitment activities, which she could competently testify to. Golidan herself had personal dealings with Ocden as Golidan assisted her sons, Jeffries and Howard, in completing the requirements for their overseas job applications, and later on, in getting back home from Zamboanga where Jeffries and Howard were stranded, and in demanding a refund from Ocden of the placement fees paid. That Golidan is seeking a elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/37842 11/19