The court a quo gravely erred in finding the accused-appellant guilty beyond
reasonable doubt for the crime of estafa.
VI
The court a quo gravely erred in ordering the payment of P35,000, to complainant
Mary Jane Aquino Villanueva; P35,000, to complainant Napoleon Aparicio;P20,000,
to complainant Frennie Majarucon and P35,000, [sic] to complainant Alfred Bryant
Berador.
[22]
First and Second Issues: Credibility of Witnesses and Proof Beyond
Reasonable Doubt in Illegal Recruitment in Large Scale
Appellant contends that the prosecution failed to prove beyond reasonable doubt all
the essential elements of the crime of illegal recruitment in large scale. Furthermore,
she contends that her alleged act of illegally recruiting at least three persons was not
sufficiently established by the testimonies of the witnesses for the prosecution.
Article 13, paragraph (b) of the Labor Code enumerates the acts which constitute
recruitment and placement:
(b) Recruitment and placement refer to 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: Provided, That any person or entity which, in any manner, offers or
promises for a fee employment to two or more persons shall be deemed engaged in
recruitment and placement.
Appellants acts of promising, offering and assuring employment overseas to
complainants fall squarely within the ambit of recruitment and placement as defined
above. The fact that she did not sign nor issue some of the receipts for amounts
received from complainants has no bearing on her culpability. The complainants have
shown through their respective testimonies and evidence that she was indeed involved
in the prohibited recruitment. In fact, it was even proven that appellant advertised her
services in a newspaper.
Article 38 of the Labor Code renders illegal those recruitment activities without the
necessary license or authority from the POEA. Article 38 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.