6/9/2020 E-Library - Information At Your Fingertips: Printer Friendly In support of her appeal, she argues that the sums she exacted and received from the complainants represented only the reimbursement of the expenses incurred during her trips upon the advice of Sister Araceli, a faith healer, that took her and the complainants to Cebu City, Iligan City, Ozamis City and Cagayan de Oro City, not in consideration of the employment in Taiwan supposedly offered to the complainants; that for her not to be reimbursed would be most unfair because she had defrayed the expenses for the trips with the complainants with her husband's money; that the failure of the complainants to produce receipts showing that she had collected money from them in connection with her assurances of their employment in Taiwan was fatal to the State's case against her; and that although only four of the nine named complainants had appeared and testified in court, the Prosecution did not explain why the five other complainants had desisted from testifying against her. After having examined the records, however, we reject the accused's denial of having any part in the recruitment of the complainants and affirm the decision of the CA. We affirm her conviction, Article 13(b) of the Labor Code, defines "recruitment and placement" as referring: xxx to 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. Article 38 of the Labor Code specifically defines what activities or acts constitute illegal recruitment and illegal recruitment by a syndicate or in large scale, viz: Article 38. Illegal recruitment. - (a) Any recruitment activities, including the prohibited practices enumerated under Article 34 of this Code, to be undertaken by non-licensees or non-holders of authority, shall be deemed illegal and punishable under Article 39 of this Code. The Department of Labor and Employment or any law enforcement officer may initiate complaints under this Article. (b) Illegal recruitment when committed by a syndicate or in large scale shall be considered an offense involving economic sabotage and shall be penalized in accordance with Article 39 hereof. 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. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/38252 2/7