6/5/2020
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(m) Failure to reimburse expenses incurred by the worker in connection with
his documentation and processing for purposes of deployment, in cases
where the deployment does not actually take place without the worker's
fault. Illegal recruitment when committed by a syndicate or in large scale
shall be considered an offense involving economic sabotage.
Illegal recruitment is deemed committed by a syndicate if carried out by a
group of three (3) or more persons conspiring or confederating with one
another. It is deemed committed in large scale if committed against three
(3) or more persons individually or as a group.
To constitute illegal recruitment in large scale, three elements must concur: (a) the
offender has no valid license or authority required by law to enable him to lawfully
engage in recruitment and placement of workers; (b) the offender undertakes any of
the activities within the meaning of "recruitment and placement" under Article 13(b) of
the Labor Code, or any of the prohibited practices under Article 34 of the said Code
(now Section 6 of RA 8042); and (c) the offender committed the same against three or
more persons, individually or as a group.[10]
Article 13(b) of the Labor 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." In the simplest terms, illegal recruitment is
committed by persons who, without authority from the government, give the
impression that they have the power to send workers abroad for employment purposes.
[11]
The elements of illegal recruitment in large scale were proven in this case. One,
appellant has no valid license or authority to engage in recruitment and placement of
workers. The Labor and Employment Officer of the POEA, Mildred N. Versoza, confirmed
that based on the records of their office, appellant and Florida Travel and Tours were
not licensed to recruit workers for deployment abroad. Two, appellant clearly engaged
in recruitment activities and promised employment abroad to the complainants as
proven by their testimonies. Three, appellant committed illegal recruitment against
three persons.
Thus, we uphold appellant's conviction for illegal recruitment in large scale. We also
agree with the RTC and CA in imposing the penalty of life imprisonment and ordering
appellant to pay a fine of P500,000 for being in conformity with Section 7[12] of RA
8042.
Appellant insists on the veracity of her own testimony in claiming that the prosecution
failed to prove that she is guilty of illegal recruitment in large scale. Her testimony,
however, was rejected by the RTC which found the testimonies of the complainants
credible and truthful.[13] Settled is the rule that the findings and conclusion of the trial
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