4/16/2021 E-Library - Information At Your Fingertips: Printer Friendly "The City Jail Warden is directed to release accused Nellie Cabais insofar as Crim. Case No. 14001-R is concerned where Daisy Tostos is the complainant unless held for other charges. "SO ORDERED. "Given this 6th day of February, 1997, in the City of Baguio, Philippines. "(sgd.) RUBEN C. AYSON Judge"[18] Hence, this appeal.[19] Accused-appellant Nellie Cabais contends that she is not liable for illegal recruitment and estafa considering that she was merely an employee of Red Sea Employment Agency and did not actually recruit applicants. Moreover, she did not appropriate to her own use the placement fees she received. The appeal lacks merit. The essential elements of illegal recruitment committed in large scale are: (1) that the accused engaged in acts of recruitment and placement of workers as defined under Article 13 (b) or in any prohibited activities under Article 34 of the Labor Code; (2) that the accused had not complied with the guidelines issued by the Secretary of Labor and Employment, particularly with respect to the requirement to secure a license or an authority to recruit and deploy workers, either locally or overseas; and (3) that the accused committed the unlawful acts against three (3) or more persons, individually or as a group.[20] Accused-appellant contends that she was not involved in recruitment but was merely an employee of a recruitment agency. An employee of a company or corporation engaged in illegal recruitment may be held liable as principal, together with his employer, if it is shown that he actively and consciously participated in illegal recruitment.[21] Recruitment is "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."[22] In this case, evidence showed that accused-appellant was the one who informed complainants of job prospects in Korea and the requirements for deployment. She also received money from them as placement fees. All of the complainants testified that they personally met accused-appellant and transacted with her regarding the overseas job placement offers. Complainants parted with their money, evidenced by receipts signed by accused Cabais and accused Forneas. Thus, accused-appellant actively participated in the recruitment of the complainants. There is no showing that any of the complainants had any ill-motive to testify falsely https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/50735 6/10