People vs Benemerito : 120389 : November 21, 1996 : J Davide Jr : Th... 6 of 10 http://sc.judiciary.gov.ph/jurisprudence/1996/nov1996/120389.htm recruiter who received the money from the complainants. [19] The People, through the Office of the Solicitor General, disagrees with the accusedappellant and recommends that we affirm in toto the impugned decision. A careful review of the record discloses that the trial courts findings of fact are supported by the evidence and its conclusions are in accord with the law and jurisprudence. We hold, therefore, that the crimes of large scale illegal recruitment and three counts of estafa were committed, and that the accused-appellant is guilty thereof beyond reasonable doubt. We have no alternative but to dismiss the appeal and affirm the judgment, subject to modifications on the penalties imposed in the cases for estafa. Indeed, the evidence overwhelmingly established the fact that both the accused-appellant and his sister Precy Benemerito were engaged in the business of illegal recruitment. In their testimonies, Fernando Arcal and Carlito Gumarang were positive, categorical and firm, even under grueling cross-examination, that the accused-appellant actively participated in the recruitment process. The latter was present when each complainant was offered a job in Japan, [20] and the accused-appellant even made representations as to the existence of such jobs and [21] accompanied the complainants for their medical examinations. The accused-appellant [22] likewise received installment payments from the complainants. These acts demonstrated beyond doubt that the accused-appellant was not merely an applicant for a job or an unwitting victim of his sister; on the contrary, he was a knowing and willing participant in the recruitment activities, which were obviously conducted for profit. We do not then hesitate to rule, as did the trial court, that the accused-appellant and his sister Precy Benemerito, who is still at large, were co-conspirators in the recruitment business which, as hereunder discussed, was illegal and on a large scale. Conspiracy exist when two or more people come to an agreement concerning the [23] commission of a felony and decide to commit it. It can be inferred from the acts of the accused themselves when such point to a joint purpose and design, concerted action and [24] community of interest. Once conspiracy is established, the act of one conspirator is the act of [25] the others. That the accused-appellants name was not included in the sworn statement of Fernando Arcal filed with the NBI is of no moment. As correctly ruled by the trial court, this omission was satisfactorily explained by complainant Fernando Arcal; moreover, all the complainants identified [the accused-appellant] before the Inquest Fiscal as the one who received the money from [26] them. Neither are we persuaded by this plea of innocence allegedly evidenced by non-flight. This [27] converse of the evidentiary principle of flight as indicative of guilt, does not necessarily hold [28] [29] true. Non-flight may not be positively construed as an indication of innocence. The accused-appellants plea for the application of the equipoise rule must likewise fail. This rule provides that where the evidence of the parties in a criminal case is evenly balanced, the [30] constitutional presumption of innocence should tilt the scales in favor of the accused. There is, therefore, no equipose if the evidence is not evenly balanced. Not even a semblance of parity is present in this case. Against the direct, positive and convincing evidence for the prosecution, the accused-appellant could only offer a mere denial and the incredible claim that he was an unwitting victim of his sister Precy Benemerito. He miserably failed to overcome the [31] prosecutions evidence, hence the rule is unavailable to him. 1/20/2016 4:10 PM