promised her a good paying job abroad. According to her, there was no reason for her
to be suspicious of the identity of the accused as well as of his representations since he
was a good friend of her cousin Kennedy Hapones.
Like the two (2) other complainants, Nolie Bongbonga averred that the accused
through misrepresentations persuaded her to give himP4,000.00 for the processing of
certain travel documents. As proof thereof she presented a receipt dated 5 October
1998 purportedly signed and issued by the accused.
Accused Alex Baytic, testifying in his defense, not only denied the accusations
against him but also insisted that it was actually Kennedy Hapones, a new
acquaintance, who was the illegal recruiter. He recounted that sometime in November
1999, he went to the house of Hapones who was trying to recruit him for deployment
abroad. According to the accused, Hapones told him to prepare P250,000.00 although
the former eventually accepted an initial advance payment of P4,500.00. He again met
Hapones the following month when the latter told him and a group of other applicants,
including Ofelia Bongbonga, that their requirements were ready. That was the last time
he saw Hapones who, he later learned, had already left for abroad. He was suspected
of being in cahoots with Hapones because whenever the latter and the applicants
talked, Hapones would always point at him, although he never had the opportunity to
know what Hapones had actually said to them.
But the trial court sustained the complaining witnesses and gave more credence to
their straightforward and consistent testimonies. It opined that all the essential requisites
of the crime of illegal recruitment in large scale as defined in Art. 13, par. (b), of the
Labor Code[2] were present -
x x x x The accused made representations to each of the complainants that he could
send them to Italy as janitor/utility aides through direct hiring, which constitutes a
promise of employment which amounted to recruitment as defined under Article 13(b)
of the Labor Code. The testimonies of the three prosecution witnesses that they were
actually recruited for overseas employment by the accused and were induced by him
to part with their money retain undiminished probative worth and weight. The receipts
(Exhibits A, C, and D) respectively issued to the complainants are sufficient proofs of
his guilt as against accuseds mere denial of the signatures appearing
therein. The modus operandi of the accused was well established by the corroborative
testimonies of the witnesses.
[3]
Accused-appellant now prays that the Court to take a second hard look at his
conviction in view of the alleged failure of the prosecution to prove his guilt beyond
reasonable doubt. He takes exception to the finding of the trial court that all the
elements of the crime of illegal recruitment in large scale are present. He argues that
the first element, i.e., the accused engages in the recruitment and placement of
workers, defined under Art. 13, or in any prohibited activities under Art. 34, of the Labor
Code, is not present because he did not solicit any money from the complainants nor
did he promise them employment in Italy. The truth of the matter, according to him, is
that he himself was victimized by Kennedy Hapones, the real illegal recruiter. He