"x x x.
The appeal is unmeritorious.
To be convicted of the crime of illegal recruitment committed by a syndicate, the following elements must occur:[9]
1. The accused have no valid license or authority required by law to enable them to lawfully engage in the recruitment and placement of workers.
2. The accused engaged in this activity of recruitment and placement by actually recruiting, deploying and transporting.
3. Illegal recruitment was committed by three persons conspiring and confederating with one another.
As to the first element, accused-appellant admitted that she did not have a valid license to recruit persons for overseas employment, consistent with her defense that she did not engage in the recruitment of persons for employment.
Anent the second element, both victims, AAA and BBB, narrated in great detail how they were induced by accused-appellant to accept an employment opportunity, and how they were successfully transported from Zamboanga City to Malaysia where they eventually worked as prostituted women.
On the third element, accused-appellant posits that the prosecution failed to prove that there were more than two persons involved in the alleged crime of illegal recruitment, since the trial court held only two of the accused liable for the crime. The prosecution, she alleges, failed to establish that the other accused Macky, Jun, and Tas also had no license or authority to recruit workers for overseas employment.
In the recent case People v. Lalli,[10] we affirmed the trial court’s findings in which 2 of the 3 accused were convicted of illegal recruitment committed by a syndicate, even though the third accused was at-large. In so ruling, we took note of the fact that the victim would not have been able to go to Malaysia were it not for the concerted efforts of the three accused. We held thus:
Flight in criminal law is the evading of the course of justice by voluntarily withdrawing oneself in order to avoid arrest or detention or the institution or continuance of criminal proceedings. The unexplained flight of an accused person may as a general rule be taken into consideration as evidence having a tendency to establish his guilt. Clearly, in this case, the flight of accused Relampagos, who is still at-large, shows an indication of guilt in the crimes he has been charged.
It is clear that through the concerted efforts of Aringoy, Lalli and Relampagos, Lolita was recruited and deployed to Malaysia to work as a prostitute. Such conspiracy among Aringoy, Lalli and Relampagos could be deduced from the manner in which the crime was perpetrated — each of the accused played a pivotal role in perpetrating the crime of illegal recruitment, and evinced a joint common purpose and design, concerted action and community of interest.
For these reasons, this Court affirms the CA Decision, affirming the RTC Decision, declaring accused Ronnie Aringoy y Masion and Hadja Jarma Lalli y Purih guilty beyond reasonable doubt of the crime of illegal recruitment committed by a syndicate in Criminal Case No. 21930, with a penalty of life imprisonment and a fine of ₱500,000 imposed on each of the accused. (Emphasis supplied.)
In the case at bar, the prosecution was similarly able to establish that accused-appellant Bernadette and Franz were not the only ones who had conspired to bring the victims to Malaysia. It was also able to establish at the very least, through the credible testimonies of the witnesses, that (1) Jun and Macky were the escorts of the women to Malaysia; (2) a certain Tash was their financier; (3) a certain Bunso negotiated with Macky for the price the former would pay for the expenses incurred in transporting the victims to Malaysia; and (4) Mommy Cindy owned the prostitution house where the victims worked. The concerted efforts of all these persons resulted in the oppression of the victims.
Clearly, it was established beyond reasonable doubt that accused-appellant, together with at least two other persons, came to an agreement to commit the felony and decided to commit it. It is not necessary to show that two or more persons met together and entered into an explicit agreement laying down the details of how an unlawful scheme or objective is to be carried out. Conspiracy may be deduced from the mode and manner in which the offense was perpetrated; or from the acts of the accused evincing a joint or common purpose and design, concerted action and community of interest.[11]
x x x."
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