5/3/2021 E-Library - Information At Your Fingertips: Printer Friendly "Illegal recruitment is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring and/or confederating with one another in carrying out any unlawful or illegal transaction, enterprise or scheme defined under the first paragraph hereof. (Illegal recruitment is deemed committed in large scale if committed against three (3) or more persons individually or as a group.) Article 13(b) of the same Code defines "recruitment and placement" as: "any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers, and includes referrals, contract services, promising or advertising for employment, locally or abroad, whether for profit or not: Provided, that any person or entity which, in any manner, offers or promises for a fee employment to two or more persons shall be deemed engaged in recruitment and placement." To prove illegal recruitment, only two elements need be shown, viz., (1) the offender undertakes either any activity within the meaning of "recruitment and placement" defined under Art. 13 (b), or any of the prohibited practices enumerated under Article 34 of the Labor Code; and (2) he has no valid license or authority required by law to enable one to lawfully engage in recruitment and placement of workers.[11] A license is a document issued by the Department of Labor and Employment (DOLE) authorizing a person or entity to operate a private employment agency, while an authority is a document issued by the DOLE authorizing a person or association to engage in recruitment and placement activities as a private recruitment entity.[12] The accused-appellant having admitted that she has no license or authority to recruit or engage in recruitment activities, only the first element of the crime has to be discussed, i.e., whether or not said appellant has undertaken recruitment activities (or any of the activities enumerated in Article 34 of the Labor Code, as amended). The following testimonies of the three private complainants attest to accusedappellant's engagement in recruitment activities: Private complainant Marlon Sotero on cross-examination: "Q: "A: Under what circumstances did you meet accused Aurora Soliven? She was introduced to me by Mrs. Aviguetero. "Q: "A: How did Mrs. Aviguetero introduce Aurora Soliven to you? She was introduced to me as a recruiter with an agency in Manila. "Q: When Mrs. Soliven was introduced to you as a recruiter, did https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/52764 7/14