6/9/2020 E-Library - Information At Your Fingertips: Printer Friendly THE [APPELLATE] COURT GRAVELY ERRED IN CONVICTING THE ACCUSEDAPPELLANT OF THE CRIME CHARGED DESPITE THE FAILURE OF THE PROSECUTION TO PROVE HER GUILT BEYOND REASONABLE DOUBT.[11] Essentially, the issue is whether appellant's guilt for the crimes of syndicated illegal recruitment and estafa was proven beyond reasonable doubt. Appellant argues that she was able to prove that she was not part of the group that defrauded Palo. She points out that as can be gleaned from the facts established and even from Palo's testimony, she was not involved in the evil scheme orchestrated by Roberto and Chang as her signature did not even appear on the vouchers issued to Palo. Appellant likewise contends that the elements of the crime of illegal recruitment were not established with moral certainty. Naples was never into recruitment as it was only engaged in the business of assisting clients procure passports and visas. She argues that it should be Roberto and Chang who should be convicted as she had no hand in recruiting Palo. Appellant's arguments are bereft of merit. Illegal recruitment is committed when these two elements concur: (1) the offenders have no valid license or authority required by law to enable them to lawfully engage in the recruitment and placement of workers, and (2) the offenders undertake any activity within the meaning of recruitment and placement defined in Article 13(b) or any prohibited practices enumerated in Article 34 of the Labor Code. Under Article 13(b), recruitment and placement refers 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." 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.[12] The law imposes a higher penalty when the crime is committed by a syndicate as it is considered as 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 and/or confederating with one another in carrying out any unlawful or illegal transaction, enterprise or scheme defined under the first paragraph of Article 38 of the Labor Code.[13] Undoubtedly, what transpired in the instant case is illegal recruitment by a syndicate. As categorically testified by Palo and Caraig, appellant, together with her co-accused, made representations to Palo that they could send her to Australia to work as an apple picker. There is no denying that they gave Palo the distinct impression that they had the power or ability to send her abroad for work such that the latter was convinced to part with a huge amount of money as placement fee in order to be employed. And this act was committed by appellant and her co-accused even if they did not have the required license to do so. Appellant herself admitted that Naples, the travel agency which she owned and managed, only offered visa assistance, ticketing, documentation, elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/50218 4/8