4/13/2021 E-Library - Information At Your Fingertips: Printer Friendly [*] In the records, Mabborang is also spelled Maborang. [1] Rollo, pp. 2-32. Penned by Associate Justice Maria Elisa Sempio Diy, with Associate Justices Ramon M. Bato, Jr., and Manuel M. Barrios, concurring. [2] CA rollo, pp. 64-95. Penned by Judge Edwin B. Ramizo, Branch 114, Pasay City. [3] Sec. 6. DEFINITIONS. — For purposes of this Act, illegal recruitment shall mean any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers and includes referring, contract services, promising or advertising for employment abroad, whether for profit or not, when undertaken by a non-licensee or non-holder of authority contemplated under Article 13(f) of Presidential Decree No. 442, as amended, otherwise known as the Labor Code of the Philippines: Provided, That any such non-licensee or non-holder who, in any manner, offers or promises for a fee employment abroad to two or more persons shall be deemed so engaged. It shall likewise include the following acts, whether committed by any person, whether a nonlicensee, non-holder, licensee or holder of authority: xxxx (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 as offense involving economic sabotage. (Emphasis supplied) [4] ART. 315. Swindling (estafa).—Any person who shall defraud another by any of the means mentioned hereinbelow shall be punished by: xxxx 2. By means of any of the following false pretenses or fraudulent acts executed prior to or simultaneously with the commission of the fraud: (a) By using fictitious name, or falsely pretending to possess power, influence, qualifications, property, credit, agency, business or imaginary transactions, or by means of other similar deceits. (Emphasis supplied) [5] Records, Vol. I, pp. 1-3. [6] Id. at 1-2. [7] Id. at 36-38. [8] Id. at 36-37. https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66232 24/29