6/9/2020
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Section 7(b) of Republic Act No. 8042 provides that the penalty of life imprisonment
and a fine of not less than P500,000.00 nor more than P1,000.000.00 shall be imposed
when the illegal recruitment constitutes economic sabotage. Thus:
Sec. 7. Penalties. (a) Any person found guilty of illegal recruitment shall suffer the penalty of
imprisonment of not less than six (6) years and one (1) day but not more
than twelve (12) years and a fine of not less than Two hundred thousand
pesos (P200,000.00) nor more than Five hundred thousand pesos
(P500,000.00).
(b) The penalty of life imprisonment and a fine of not less than Five hundred
thousand pesos (P500,000.00) nor more than One million pesos
(P1,000,000.00) shall be imposed if illegal recruitment constitutes economic
sabotage as defined herein.
Since the penalty of life imprisonment and a fine of P1,000,000.00 imposed on Ochoa
by the RTC, and affirmed by the Court of Appeals, are in accord with the law, we
similarly sustain the same.
Estafa
We affirm as well the conviction of Ochoa for estafa committed against three private
complainants in Criminal Case Nos. 98-77301, 98-77302, and 98-77303. The very
same evidence proving Ochoa's criminal liability for illegal recruitment also established
her criminal 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. Cortez and Yabut[54] 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
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.[55]
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