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perpetrated; or from the acts of the accused evincing a joint or common purpose and
design, concerted action and community of interest.[32]
It is equally clear from the narration of private complainants that appellants, together
with Azul, conspired to commit the crime of illegal recruitment. Azul referred all private
complainants to Tendenilla, who made representations that she could deploy them
abroad. It was either Azul or Tendenilla who received the payment of placement fees.
And as previously stated, Rea met some of the complainants at the training center, and
accompanied some of them while in Thailand. Their actions showed unity of purpose
and, taken all together, leave no doubt that they are co-conspirators.
We reiterate the findings of the Court of Appeals, to wit:
In the case at bar, it cannot be doubted that both accused-appellants
indispensably cooperated and coordinated in illegally recruiting the private
complainants. From the evidence, it can be seen that the success of the
scheme depended on accused-appellants’ joint efforts. Estrellita Tendenilla
directly dealt with the private complainants, promising them employment,
demanding money from them, conducting dubious trainings, and sending
them to Thailand. Maria Jenny Rea, on the other hand, covered the next
phase of the process, that is, travelling with the private complainants to
Thailand, bringing them to the border of Thailand and Malaysia, securing
their fraudulent non-immigrant visas, and accompanying them back to the
Philippines.[33]
Based on the foregoing, appellants were correctly found guilty of large scale illegal
recruitment tantamount to economic sabotage.
Under Section 7(b) of Republic Act No. 8042,[34] the penalty of life imprisonment and a
fine of not less than P500,000.00 nor more than P1,000,000.00 shall be imposed if
illegal recruitment constitutes economic sabotage. Thus, the trial court, as affirmed by
the appellate court, is correct in imposing the penalty of life imprisonment and a fine of
P500,000.00 for each of the appellants.
WHEREFORE, premises considered, the Decision of the Court of Appeals in CA-G.R.
CR-HC No. 03178 affirming the trial court’s conviction of appellants Maria Jenny Rea y
Guevarra and Estrellita Tendenilla for large scale illegal recruitment is AFFIRMED.
SO ORDERED.
Brion,* (Acting Chairperson), Del Castillo, Perlas-Bernabe, and Leonen,** JJ., concur.
* Per Special Order No. 1460 dated 29 May 2013.
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