6/9/2020
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I. The judgment of the trial court in Criminal Case No. 98-77300 finding
appellant Rosario Ochoa guilty beyond reasonable doubt of Illegal
Recruitment in Large Scale constituting economic sabotage under Sec. 6 (l)
and (m) in relation to Sec. 7(b) of R.A. No. 8042 and sentencing her to life
imprisonment and a fine of One Million Pesos (P1,000,000.00) is AFFIRMED.
II. The judgment in Criminal Case No. 98-77301, finding appellant guilty
beyond reasonable doubt of estafa is MODIFIED. Appellant is, hereby,
ordered to indemnify Robert Gubat in the amount of P15,000.00 only as and
by way of actual damages.
III. The judgment in Criminal Case No. 98-77302, finding appellant guilty
beyond reasonable doubt of estafa is AFFIRMED.
IV. The judgment in Criminal Case No. 98-77303, finding appellant guilty
beyond reasonable doubt of estafa is MODIFIED. Appellant is, hereby,
sentenced to an indeterminate penalty of FOUR (4) YEARS and TWO (2)
MONTHS of prision correccional as minimum, to EIGHT (8) YEARS OF prision
mayor as maximum.[41]
Ochoa's appeal is anchored on the following assignment of errors:
The lower court erred:
a. In admitting Exhibit "A" - the POEA Certification - when it was already
excluded during the bail hearing
b. In shifting the burden of the accused to prove that there was no illegal
recruitment
c. In finding that there was estafa
d. By not limiting liability of the accused to civil liability only[42]
We find no reversible error in the assailed Court of Appeals decision.
Illegal recruitment in large scale
Ochoa was charged with violation of Section 6 of Republic Act No. 8042. Said provision
broadens the concept of illegal recruitment under the Labor Code[43] and provides
stiffer penalties, especially for those that constitute economic sabotage, i.e., illegal
recruitment in large scale and illegal recruitment committed by a syndicate.
Section 6 of Republic Act No. 8042 defines illegal recruitment as follows:
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/26427
11/23