6/9/2020 E-Library - Information At Your Fingertips: Printer Friendly Italy. As aptly observed by the Court of Appeals: Mana-a's testimony, although not completed, sufficiently established that accused-appellant promised Mana-a a job placement in a factory in Italy for a fee with accused-appellant even accompanying her for the required medical examination. Likewise, Julia Golidan's testimony adequately proves that accused-appellant recruited Jeffries and Howard Golidan for a job in Italy, also for a fee. Contrary to the accused-appellant's contention, Julia had personal knowledge of the facts and circumstances surrounding the charges for illegal recruitment and estafa filed by her sons. Julia was not only privy to her sons' recruitment but also directly transacted with accusedappellant, submitting her sons' requirements and paying the placement fees as evidenced by a receipt issued in her name. Even after the placement did not materialize, Julia acted with her sons to secure the partial reimbursement of the placement fees.[29] And even though only Ferrer and Golidan testified as to Ocden's failure to reimburse the placements fees paid when the deployment did not take place, their testimonies already established the fact of non-reimbursement as to three persons, namely, Ferrer and Golidan's two sons, Jeffries and Howard. Section 7(b) of Republic Act No. 8042 prescribes a penalty of life imprisonment and a fine of not less than P500,000.00 nor more than P1,000,000.00 if the illegal recruitment constitutes economic sabotage. The RTC, as affirmed by the Court of Appeals, imposed upon Ocden the penalty of life imprisonment and a fine of only P100,000.00. Since the fine of P100,000 is below the minimum set by law, we are increasing the same to P500,000.00. Estafa We are likewise affirming the conviction of Ocden for the crime of estafa. The very same evidence proving Ocden's liability for illegal recruitment also established her liability for estafa. It is settled that a person may be charged and convicted separately of illegal recruitment under Republic Act No. 8042 in relation to the Labor Code, and estafa under Article 315, paragraph 2(a) of the Revised Penal Code. We explicated in People v. Yabut[30] that: 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 elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/37842 14/19