6/9/2020 E-Library - Information At Your Fingertips: Printer Friendly 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

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