assured them that there were jobs for them in Taiwan and inveigled them into paying processing
or placement fees. As against the hard evidence built by the prosecution, appellant's defense was
a mere denial which the trial court found to be weak; so does this Court. Appellant's attack is
ultimately directed against the credibility of the complainants, the best judge of which is the trial
court. In the matter of weighing the evidence of the prosecution vis-a-vis that of the defense
through an assessment of their respective merits, it is firmly settled that the findings of the trial
court are given great weight and the highest degree of respect by the appellate court, and may be
disregarded only where substantial errors have been committed or determinative facts have been
overlooked which otherwise would have dictated a different conclusion or verdict.
Appellant's arguments that if she really participated in the recruitment activities of her husband
she would have signed the receipts in her name and that her signature on a particular receipt was
not genuine are irrelevant since her precise role in the illegal recruitment has been adequately
demonstrated through other means. Moreover the prosecution could have dispensed with the
presentation of the receipts. This Court has ruled in several cases that the absence of receipts in a
case for illegal recruitment does not warrant the acquittal of the accused and is not fatal to the
case of the prosecution. As long as the witnesses positively show through their respective
testimonies that the accused is the one involved in the prohibited recruitment, he may be
convicted of the offense despite the lack of receipts.xvi[16]
Article 38, par. (b), of the Labor Code provides that illegal recruitment is deemed committed in
large scale if committed against three (3) or more persons individually or as a group. And when
so committed it is considered an offense involving economic sabotage punishable under Art. 39,
par. (a), of the same Code with life imprisonment and fine of one hundred thousand pesos
(P100,000.00). Appellant having originally recruited twenty-six (26) persons - although only six
(6) pursued their case - without license or authority was properly convicted by the trial court in
Crim. Case No. 93-128140 of illegal recruitment in large scale and properly sentenced to life
imprisonment pursuant to Art. 39, par. (a) of the Labor Code. However, the trial court
erroneously omitted the penalty of fine which the law requires to be imposed in addition to the
life sentence. Thus, the correct penalty is life imprisonment and a fine of one hundred thousand
pesos (P100,000.00). In addition, appellant should be made to indemnify the complainants in the
amounts respectively paid by them.
In this jurisdiction, it is settled that a person who commits illegal recruitment may be charged
and convicted separately of illegal recruitment and estafa under par. 2 (a), Art. 315, of The
Revised Penal Code, as the offense of illegal recruitment is malum prohibitum where the
criminal intent of the accused is not necessary for conviction, while estafa is malum in se where
the criminal intent of the accused is crucial for conviction.xvii[17] In other words, a conviction
for offenses under the Labor Code does not bar punishment for offenses punishable by other
laws.xviii[18]
Swindling (estafa) is committed by any person who shall defraud another by using fictitious
name, or falsely pretending to possess power, influence, qualifications, property, credit, agency,
business or imaginary transaction, or by means of other similar deceits executed prior to or
simultaneously with the commission of the fraud.xix[19]