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complainants, if found to be credible and convincing.
Considering the evidence on record, We agree with the trial court that
accused-appellant engaged in recruitment of workers which was illegal and
in large scale. Illegal recruitment is deemed committed in large scale if
committed against three or more persons individually or as a group. In this
case, three complainants testified against appellant’s acts of illegal
recruitment.[22] (Citations omitted.)
The Court finds no cogent reason to deviate from the findings and conclusions of the
RTC and the Court of Appeals. The prosecution witnesses were positive and categorical
in their testimonies that they personally met appellant; that they knew appellant was
associated with Green Pasture Worldwide Tour and Consultancy; and that appellant had
performed recruitment activities such as promising employment abroad, encouraging
job applications, and providing copies of job orders.
The private complainants’
testimonies are consistent and corroborate one another on material points, such as the
amount of the placement fees asked, and the purported country of destination and
nature of work.
It was not necessary for the prosecution to still prove that appellant himself received
the placement fees from private complainants and issued receipts for the same, given
the finding of both the RTC and the Court of Appeals of the existence of conspiracy
among appellant and his co-accused Hanelita and Daud, appellant’s wife and motherin-law, respectively. When there is conspiracy, the act of one is the act of all.[23] It is
not essential that there be actual proof that all the conspirators took a direct part in
every act. It is sufficient that they acted in concert pursuant to the same objective.[24]
Between the categorical statements of the private complainants, on the one hand, and
the bare denial of appellant, on the other hand, the former must perforce prevail. An
affirmative testimony is far stronger than a negative testimony especially when the
former comes from the mouth of a credible witness. Denial, same as an alibi, if not
substantiated by clear and convincing evidence, is negative and self-serving evidence
undeserving of weight in law. It is considered with suspicion and always received with
caution, not only because it is inherently weak and unreliable, but also because it is
easily fabricated and concocted.[25]
Furthermore, without any evidence to show that private complainants were propelled
by any ill motive to testify falsely against appellant, their testimonies deserve full faith
and credit. After all, the doctrinal rule is that findings of fact made by the trial court,
which had the opportunity to directly observe the witnesses and to determine the
probative value of the other testimonies, are entitled to great weight and respect
because the trial court is in a better position to assess the same, an opportunity not
equally open to the appellate court. The absence of any showing that the trial court
plainly overlooked certain facts of substance and value that, if considered, might affect
the result of the case, or that its assessment was arbitrary, impels us to defer to the
trial court’s determination according credibility to the prosecution evidence.[26] This is
more true if the findings of the trial court were affirmed by the appellate court, since it
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12/19