7/7/2021 E-Library - Information At Your Fingertips: Printer Friendly In his defense, appellant vehemently denied the allegations against him. Appellant alleged that he met Llave on June 3, 2011 when the latter applied for work at his office. It is through their continued friendship that Llave was able to secure a loan from appellant in the amount of P35,000.00 with an agreed interest rate of 20%. Despite repeated demands, Llave failed to pay her obligation to appellant. Appellant further claimed that he came to know the other private complainants through Llave, and, on one occasion, had an altercation with them at the latter's house. While appellant later admitted that he received various amounts from private complainants, he claimed that all these were made as payment for Llave's outstanding obligation to him. Appellant further testified that after the entrapment operation, and subsequent to his arrest, NBI Agent Agus instructed him to prepare and issue an acknowledgment receipt stating therein that he received from Barabas, De Leon, and Sta. Maria a sum of money amounting to P21,000.00 as processing fee for their overseas employment in California, USA. Ruling of the Regional Trial Court: In a Judgment[11] rendered on March 16, 2016, the RTC found appellant guilty beyond reasonable doubt of Illegal Recruitment in Large Scale. The RTC held that: The prosecution was able to prove that accused, indeed, is not a license holder or had any authority to engage in recruitment and placement activities. The defense failed to rebut this evidence presented by the prosecution but plainly denied and posed an alibi that the money he received represented payment for the loan obtained from him by private complainant, Shane Llave, without presenting further evidence to back up his claim. The fact that accused Imperio, who has no authority or license to recruit for work overseas, actually recruited the private complainants for work in California, U.S.A. and Canada, for a fee. x x x xxxx The Information stated that there were nine (9) private complainants who executed their respective complaint affidavits against accused. Out of these nine (9) private complainants, the prosecution was able to present three (3) of them, particularly, Shane Llave, Edralin Sta. Maria and Magellan Concrenio III, whose testimonies corroborated one another and strengthen the evidence of guilt of the accused beyond reasonable doubt. As undoubtedly proven by the prosecution, the act committed by the accused falls within the ambit of illegal recruitment in large scale as defined under the law.[12] The dispositive portion of the Judgment states: WHEREFORE, premises considered, judgment is hereby rendered finding accused, Oliver Imperio y Antonio, GUILTY beyond reasonable doubt of the crime of Illegal Recruitment in Large Scale. https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66798 3/12

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