4/13/2021
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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.[54]
In the same manner, a conviction for Illegal Recruitment does not automatically result
to a conviction for Estafa. The prosecution must still prove the elements of the offense.
Moreover, in Estafa through deceit or false pretenses, the fraud must have been
executed prior to or simultaneous with the commission of the fraud. In this case, Rios
and her agency had the qualifications and capacity to deploy workers abroad. The
offense she committed was in her failure to reimburse the documentation and
processing expenses incurred by the applicants when they were not deployed without
their fault. Unfortunately for accused Rios, the acquittal for Estafa has no bearing on
her sentence as the penalty for Large Scale Illegal Recruitment under Section 7(b) is
Life Imprisonment.
WHEREFORE, the Decision dated April 23, 2015 of the Court of Appeals in CA G.R. CRHC No. 06023 is AFFIRMED WITH MODIFICATION. The Court RESOLVES to:
1. DECLARE accused-appellant ISABEL RIOS y CATAGBUI guilty of LARGE SCALE
ILLEGAL RECRUITMENT as defined under Section 6(m) in relation to Section 7(b)
of Republic Act No. 8042 for which she is sentenced to suffer LIFE IMPRISONMENT
and to pay a FINE of P500,000.00.
2. ORDER Isabel Rios y Catagbui to REIMBURSE the following complainants the
respective amounts, subject to legal interest of six percent (6%) per annum from
finality of judgment until full payment:
Eduardo Milanes
P95,000.00
Rico Dacillo
P95,000.00
Liwayway Tiglao
P80,000.00
Michael Custodio
P140,000.00
Marlone Papio
P145,000.00
3. ACQUIT Isabel Rios y Catagbui in the Estafa cases, particularly in CC No. R-PSY0900779-CR, CC No. R-PSY-0900780-CR, CC No. R-PSY-0900781-CR, CC No. RPSY-0900782-CR, CC No. R-PSY-0900783-CR, CC No. R-PSY-0900784-CR, CC No.
R-PSY-0900785-CR and CC No. R-PSY-0900786-CR. The penalties in relation to
the Estafa cases are DELETED.
SO ORDERED.
Peralta, C.J. (Chairperson), Lazaro-Javier, and Lopez, JJ., concur.
Reyes, J., Jr., J., on official leave.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66232
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