7/7/2021 E-Library - Information At Your Fingertips: Printer Friendly This Court, in its October 2, 2017 Resolution,[18] notified the parties that they may file their supplemental briefs, if they so desire. However, both parties manifested[19] that in lieu of filing supplemental briefs, they were adopting their respective briefs filed before the CA. Issue The main issue raised by appellant is whether the RTC erred in finding that his guilt for the crime charged had been proven beyond reasonable doubt. Appellant maintains that the RTC gravely erred in giving weight to the testimonies of the prosecution witnesses despite their inconsistencies, which therefore casts doubt on the veracity and credibility of their declarations. In particular, appellant points out that the testimony of Llave is unclear as to when she came to know of appellant. Appellant also claims that: (1) Llave's failure to request from appellant a receipt for the amounts supposedly paid to him; and (2) Concrenio's act of paying appellant the sum of P10,000.00 as processing fee for his papers with the United States Embassy, but which pertains to his employment in Canada, are unnatural and contrary to human experience, which therefore cast doubt on the veracity of their accounts. Appellant further denies promising any kind of overseas employment to Sta. Maria, and that the latter "parted with his money because of what he learned from [De Leon] and [Barabas] and not because of any representations made by [appellant]."[20] Appellant also faults the RTC for disregarding his defense of denial. Our Ruling We find the appeal unmeritorious. Illegal recruitment in large scale: Article 13(b) of the Labor Code, as amended,[21] defines recruitment and placement as "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." Recruitment, as defined in the Labor Code, becomes illegal when undertaken by non-licensees or non-holders of authority. In this regard, Article 38 of the Labor Code provides: ARTICLE 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 Department of Labor and Employment or any law enforcement officer may initiate complaints under this Article. (b) Illegal recruitment when committed by a syndicate or in large scale shall https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66798 5/12

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