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Manila, Philippines, November 29, 1991."[5]
Appellant comes to this Court for the reversal of the judgment of conviction assigning
the following errors against the lower court:
I
THE TRIAL COURT ERRED IN FINDING THE ACCUSED "LIABLE OF (sic)
ILLEGAL RECRUITMENT COMMITTED IN A LARGE SCALE AND BY A
SYNDICATED (sic)" FOR HAVING "MAINTAINED OFFICE WITHOUT LICENSE
OR REGISTRATION FROM THE DEPARTMENT OF LABOR, THRU ITS OFFICE,
THE PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION (POEA)."
II
THE TRIAL COURT ERRED IN TAKING JUDICIAL NOTICE OF THE "FACT THAT
ACCUSED CRISTINA M. HERNANDEZ HAD BEEN CHARGED x x x OF
ANOTHER ILLEGAL RECRUITMENT x x x DOCKETED AS CRIMINAL CASE NO.
88-62599" AND IN CONSIDERING THE PENDENCY THEREOF AS EVIDENCE
OF THE "SCHEME AND STRATEGY ADOPTED BY THE ACCUSED x x x AND
PRACTICED WITH THE HELP OF HER AGENTS AND OTHER PERSONS
WORKING UNDER THE SHADE OF HER PROTECTION."
III
THE TRIAL COURT ERRED IN NOT GIVING CREDENCE OR WEIGHT TO THE
DEFENSE OF THE ACCUSED.[6]
The first assignment of error is anchored on the contention that the prosecution failed
to prove one of the essential elements of the crime of illegal recruitment -- that the
offender is a non-licensee or non-holder of authority to lawfully engage in the
recruitment and placement of workers.[7] The aforementioned element, specifically the
fact that neither appellant nor Philippine-Thai was licensed or authorized to recruit
workers as shown by the records of the POEA, was the subject of a stipulation proposed
by the prosecution and admitted by the defense during trial. Appellant assails as
erroneous the reliance placed by the prosecution on the said stipulation of facts in
dispensing with the presentation of evidence to prove the said element of the crime of
illegal recruitment. Appellant argues that: (1) the stipulation of facts was not
tantamount to an admission by the appellant of the fact of non-possession of the
requisite authority or license from the POEA, but was merely an admission that the
Chief Licensing Officer of the POEA, if presented in court, would testify to this fact, and
(2) the stipulation of facts is null and void for being contrary to law and public policy.
Appellant posits the foregoing arguments to bolster her contention that the stipulation
of facts did not relieve the prosecution of its duty to present evidence to prove all the
elements of the crime charged to the end that the guilt of the accused may be proven
beyond reasonable doubt.
At the outset, it should be said that the above contention and the arguments are
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