6/9/2020 E-Library - Information At Your Fingertips: Printer Friendly conviction for offenses punishable by other laws. 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.[31] Article 315, paragraph 2(a) of the Revised Penal Code defines estafa as: Art. 315. Swindling (estafa). - Any person who shall defraud another by any of the means mentioned hereinbelow x x x: xxxx 2. By means of any of the following false pretenses or fraudulent acts executed prior to or simultaneously with the commission of the fraud: (a) By using fictitious name, or falsely pretending to possess power, influence, qualifications, property, credit, agency, business or imaginary transactions; or by means of other similar deceits. 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.[32] Both these elements are present in the instant case. Ocden represented to Ferrer, Golidan, and Golidan's two sons, Jeffries and Howard, that she could provide them with overseas jobs. Convinced by Ocden, Ferrer, Golidan, and Golidan's sons paid substantial amounts as placement fees to her. Ferrer and Golidan's sons were never able to leave for Italy, instead, they ended up in Zamboanga, where, Ocden claimed, it would be easier to have their visas to Italy processed. Despite the fact that Golidan's sons, Jeffries and Howard, were stranded in Zamboanga for almost a month, Ocden still assured them and their mother that they would be able to leave for Italy. There is definitely deceit on the part of Ocden and damage on the part of Ferrer and Golidan's sons, thus, justifying Ocden's conviction for estafa in Criminal Case Nos. 16316-R, 16318-R, and 16964-R. The penalty for estafa depends on the amount of defraudation. 315 of the Revised Penal Code: According to Article Art. 315. Swindling (estafa). - Any person who shall defraud another by any of the means mentioned hereinbelow shall be punished by: 1st. The penalty of prision correccional in its maximum period to prision mayor in its minimum period, if the amount of the fraud is over 12,000 pesos but does not exceed 22,000 pesos; and if such amount exceeds the elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/37842 15/19