4/13/2021 E-Library - Information At Your Fingertips: Printer Friendly Before a director or officer of a corporation can be held personally liable for corporate obligations, however, the following requisites must concur: (1) the complainant must allege in the complaint that the director or officer assented to patently unlawful acts of the corporation, or that the officer was guilty of gross negligence or bad faith; and (2) the complainant must clearly and convincingly prove such unlawful acts, negligence or bad faith.[39] Thus, in Illegal Recruitment, a corporate officer or director may be held personally liable for corporate acts if it is proven that he or she assented to patently unlawful acts of the corporation or that the said officer or director was guilty of gross negligence and bad faith. Based on the language of Section 6(m) of RA 8042, the elements of Illegal Recruitment through failure to reimburse documentation and processing expenses, are: 1. The offender (whether or not a POEA-licensed or authorized recruiter or agency), promises or gives the distinct impression that he or she has the capacity to deploy workers for employment abroad; 2. The applicant pays money to the offender in connection with documentation and processing fees for purposes of deployment; 3. The deployment does not take place without the applicant's fault; and, 4. The offender fails to reimburse the documentation and processing expenses incurred by the applicant. The Court affirms Rios' conviction for Large Scale Illegal Recruitment under Section 6(m) of RA 8042 committed against Tiglao, Dacillo, Milanes, Papio and Custodio. As regards the offense purportedly committed by Rios against complainants De Mata, Arevalo and Agcaoili, the Court holds that Rios' guilt was not proven beyond reasonable doubt. In their testimonies, De Mata and Arevalo attested that it was Mabborang who transacted with them, collected their money, and failed to reimburse them. De Mata testified: [Prosecutor Fernandez: (To the Witness)] Q After having filled up an application form and having paid the medical examination fee of P4,000, what else did you do, Mr. Witness? A After that we underwent a medical examination, sir and Ellen Mabborang told us to pay the placement fee after one week. Q And did you pay for that? https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66232 11/29