This case has been cited 4 times or more.
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2010-08-09 |
PEREZ, J. |
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| Besides, the only defense offered by appellant against the allegations against her was mere denial, an inherently weak defense which cannot prevail over the positive and unequivocal testimonies of complainants. Bare denials, without clear and convincing evidence to support them, cannot sway judgment. They are self-serving statements which can easily be put forward.[44] It is inconceivable that private complainants would be mistaken in their claim that it was appellant who recruited them considering that it was she who personally talked with them on several occasions and received the sums of money for which she issued receipts.[45] It is contrary to human nature and experience for persons to conspire and accuse a stranger of a crime, or even a casual acquaintance for that matter, that would take the latter's liberty and send him to prison just to appease their feeling of rejection and assuage the frustration of their dreams to go abroad.[46] | |||||
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2008-08-20 |
TINGA, J, |
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| The crime of illegal recruitment is committed when these two elements concur: (1) the offenders have no valid license or authority required by law to enable them to lawfully engage in the recruitment and placement of workers; and (2) the offenders undertake any activity within the meaning of recruitment and placement defined in Article 13(b) or any prohibited practices enumerated in Article 34 of the Labor Code. In case of illegal recruitment in large scale, a third element is added - that the accused commits the acts against three or more persons, individually or as a group.[25] | |||||
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2006-08-10 |
CARPIO MORALES, J. |
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| The elements of the offense of illegal recruitment, which must concur, are: (1) that the offender has no valid license or authority required by law to lawfully engage in recruitment and placement of workers; and (2) that the offender undertakes any activity within the meaning of recruitment and placement under Article 13(b), or any prohibited practices enumerated under Article 34 of the Labor Code.[13] If another element is present : that the accused commits the act against three or more persons, individually or as a group, it becomes an illegal recruitment in a large scale.[14] | |||||
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2004-01-26 |
TINGA, J, |
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| The crime of illegal recruitment in large scale is committed when the following elements concur, to wit: (1) the offender has no valid license or authority required by law to enable one to engage lawfully in recruitment and placement of workers; (2) he or she undertakes either any activity within the meaning of "recruitment and placement" defined under Article 13, paragraph (b), or any prohibited practices enumerated under Article 34 of the Labor Code; and (3) that the accused commits the acts against three or more persons, individually or as a group.[73] All three elements were established during the trial. The first element is substantiated by the POEA certification.[74] The second is supported by the testimonies of the private complainants Durano, Genteroy and Onza. The third element is evident from the number of complainants against whom the accused committed illegal recruitment. | |||||