6/9/2020
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Hence, this appeal, with appellant asseverating that the trial court erred in convicting
him on the bases of the incredible testimonies of the prosecution witnesses, and in not
giving credence to his testimony.[17] The inquiry thus boils down to the question of
credibility, and on whether or not his guilt was proven beyond reasonable doubt.
Appellant argues that the testimonies of the complainants are not in accord with human
nature and experience. He would like to impress upon this Court that there had been a
mistake of identity, and that it was an absurd situation wherein complainants
supposedly knew him by different names when he introduced himself only on a single
occasion.[18] This argument is palpably devoid of merit.
It is settled that the findings of the trial court on the credibility of witnesses shall be
given weight and the highest degree of respect by this Court.[19] Inconsistencies in the
testimonies of the prosecution witnesses do not affect their credibility, as what is
important is that they have positively identified the accused as the culprit.[20] Thus,
appellant’s name or alias is inconsequential as long as his identity is established to be
that of the person identified in open court.
This Court is fully aware of the practice of recruiters of using fictitious names or aliases
to conceal their true identities in order to evade identification and escape liability. As
correctly observed by the trial court:
“The prosecution has clearly and convincingly established through the three
witnesses that accused NESTOR MAÑOZCA was the same Nestor Santiago
and Manolito Santiago who recruited them in February of 1989. There could
be no mistake in their identification of the accused because of the many
times that they had talked and dealt with the accused. All their
confrontations were not brief but were of such length as to cause a clear
picture of the accused in their minds. The three would naturally commit his
face in their memory after entrusting him with big amounts of money. This
erases all doubts on their identification of the accused despite not having
seen him for a year.”[21]
Inconsistencies in the testimonies of the prosecution witness should be determined, not
by resort to individual words or phrases alone, but by the whole impression or effect of
what has been said or done.[22] The actuations of appellant in requiring the
complainants to submit the necessary documents, accompanying them to a clinic for
medical examination and getting the results, and using airline procedures for checking
reservations, gave complainants the impression that appellant was capable of providing
them with work abroad, which is basically the essence of the crime of illegal
recruitment.
His deceitful acts were, however, exposed by the certification issued by the POEA that
petitioner was neither licensed nor authorized to recruit workers for overseas
employment.[23]
It is settled that the essential elements of the crime of illegal recruitment in large scale
are that (1) the accused engages in acts of recruitment and placement of workers, as
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