xxx
xxx
xxx
Q
Is Lorna Guevarra alone in her succeeding return trips to your house at San
Andres, Sto. Domingo, Albay?
A
She was with Josie Bea sir.
xxx
xxx
xxx
Q
Did you know as to how much did they demand for the favor they are extending
to you?
A
P30,000.00 sir.xlii[42]
As can be seen from the testimonies of the witnesses, the accused-appellants
committed acts of recruitment such as promises of profitable employment to
complainants and acceptance of placement fees. Such acts fall squarely within the
definition of recruitment and placement under the Labor Code. With the certification
from the Department of Labor and Employment stating that appellants were not
authorized to recruit workers for overseas employment, it is clear that the offense
committed against the five complainants is illegal recruitment in large scale.xliii[43]
The accused-appellants asserted that the offense should not have been qualified into
illegal recruitment by a syndicate since there was no proof that they acted in conspiracy
with one another. However, the acts of accused-appellants showed unity of purpose.
Guevarra would visit each of the complainants in their houses for several times,
convincing them to work abroad, and giving them the impression that she had the
capability of sending them abroad. She would accompany them to the house of the
spouses Bea, who, in turn, would collect the placement fees and process the passports
and plane tickets. All these acts of the appellants established a common criminal design
mutually deliberated upon and accomplished through coordinated moves.
As against the evidence built by the prosecution, the accused-appellants merely raised
the defense of denial. However, denials, if unsubstantiated by clear and convincing
evidence, are deemed negative and self-serving evidence unworthy of credence. They
have no evidentiary value when ranged against the testimonies of credible witnesses on
affirmative matters.xliv[44]
The credibility of witnesses is best left to the judgment of the trial judge whose findings
are generally not disturbed on appeal, absent any showing that substantial errors were
committed or that determinative facts were overlooked which, if appreciated, would call
for a different conclusion.xlv[45] The trial court has the advantage, not available to
appellate courts, of observing the deportment of witnesses and their manner of
testifying during the trial. Thus, appellate courts accord high respect to the findings and
conclusions of lower courts.xlvi[46]