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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
The conviction for illegal recruitment will not preclude the personal liability for estafa. The elements of estafa and the elements of the crime of illegal recruitment require different elements. (People of the Philippines vs. Marissa Bayker, G.R. No. 170192, February 10, 2016)
ILLEGAL RECRUITMENT
Illegal recruitment is committed by a person who: (a) undertakes any recruitment activity defined under Article l 3(b) or any prohibited practice enumerated under Article 34 and Article 38 of the Labor Code; and (b) does not have a license or authority to lawfully engage in the recruitment and placement of workers. It is committed in large scale when it is committed against three or more persons individually or as a group. (People of the Philippines vs. Marissa Bayker, G.R. No. 170192, February 10, 2016)
ESTAFA
The elements of estafa are: (a) that the accused defrauded another by abuse of confidence or by means of deceit, and (b) that damage or prejudice capable of pecuniary estimation is caused to the offended party or third person. (People of the Philippines vs. Dolores Ocden, G.R. No. 173198, June 1, 2011)
IS IT POSSIBLE TO CHARGE AN INDIVIDUAL SEPARATELY WITH BOTH ILLEGAL RECRUITMENT AND ESTAFA?
YES. In this jurisdiction, it is settled that a person who commits illegal recruitment may be charged and convicted separately of illegal recruitment under the Labor Code and estafa under par. 2 (a) of Art. 315 of the Revised Penal Code.
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.
Conviction for offenses under the Labor Code does not bar conviction for offenses punishable by other laws. 12 Conversely, conviction for estafa under par. 2 (a) of Art. 315 of the Revised Penal Code does not bar a conviction for illegal recruitment under the Labor Code. It follows that one’s acquittal of the crime of estafa will not necessarily result in his acquittal of the crime of illegal recruitment in large scale, and vice versa. (People of the Philippines vs. Irene Yabut, G.R. Nos. 115719-26, October 5, 1999)
WILL IT RESULT IN DOUBLE JEOPARDY?
No. An illegal recruiter can be liable for the crimes of illegal recruitment committed in large scale and estafa without risk of being put in double jeopardy, provided that the accused has been so charged under separate informations.
The conviction for illegal recruitment will not preclude the personal liability for estafa. The elements of estafa and the elements of the crime of illegal recruitment committed, as both indicated earlier, require different elements. Thus, double jeopardy could not result from prosecuting and convicting the accused for both crimes considering that they were entirely distinct from each other not only from their being punished under different statutes but also from their elements being different. (People of the Philippines vs. Marissa Bayker, G.R. No. 170192, February 10, 2016)
Read also: What are the modes of committing illegal recruitment?
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