6/9/2020 E-Library - Information At Your Fingertips: Printer Friendly Employment ("DOLE") a certification to the effect that appellant was not a licensed recruiter.[6] Article 38, paragraph (a) of the Labor Code provides "ART. 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 Ministry of Labor and Employment or any law enforcement officer may initiate complaints under this Article." The Code so defines recruitment and placement as referring 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."[7] The Court subscribes to the disquisition thus aptly made by the trial court; it said: "In the wake of the contrasting versions narrated by both parties, one imputing criminal responsibility, and the other, a mere civil obligation, which of them should be accorded credence and belief? "This court, after a circumspectious study of the facts, is of the well considered opinion that the prosecution's evidence should be given unequivocal belief and credence for the following reasons: "FIRST: - The testimony of accused cannot prevail over the positive assertions of complainants (People vs. Tibayan, 85 SCRA 378, 395), whose testimony is negative in character. In the absence of improper motives, which has not been shown here by accused, there is no reason why complainants would testify falsely against her (People vs. Lanseta, 95 SCRA 166). "SECOND: - The story narrated by complainant is more consistent with logic and reason because they, being fresh graduates, their natural tendency would be to go looking for a job, instead of searching for an apartment to rent for a huge amount of money which they have very little, if no need, at all. This argument was strongly articulated by the prosecutor in the course of the proceedings. A convincing and logical argument which cannot be overlooked. "THIRD: - Accused could not present any note or memorandum of her alleged lease agreement with complainants. Neither did she declare or explain the terms and conditions thereof in court to show that their agreement was indeed a contract of lease. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/34818 3/6