Moreover, it is settled that a person who is convicted of illegal recruitment may, in addition, be
convicted of estafa under Art. 315(2)(a) of the Revised Penal Code. There is no problem of
double jeopardy because illegal recruitment is malum prohibitum, in which the criminal intent is
not necessary, whereas estafa is malum in se in which the criminal intent of the accused is
necessary.35[35]
WHEREFORE, the decision appealed from is AFFIRMED.
SO ORDERED.
Bellosillo, (Chairman), Quisumbing, Buena, and De Leon, Jr., JJ., concur.2/3/00 9:18 AM
People v. Saley, supra; People v. Sadiosa, 290 SCRA 92 (1998); People v. Guiang, 285
SCRA 404 (1998)
35[35]