6/9/2020 E-Library - Information At Your Fingertips: Printer Friendly 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] elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/26427 16/23

Select target paragraph3