G.R. No. 179907 http://sc.judiciary.gov.ph/jurisprudence/2009/feb2009/179907.htm [18] As provided in Section 7(a) of R.A. No. 8042, the CA correctly affirmed the imposition of the indeterminate penalty of six (6) years and one (1) day to eight (8) years, and the payment of a fine of P200,000.00, in Criminal Case No. 03-215331. In the second case, petitioner was charged with violation of Article 315(2)(a) of the Revised Penal Code (RPC) which punishes estafa committed as follows: 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 the crime are: (a) the accused defrauded another by abuse of confidence or by means of deceit; and (b) damage or prejudice capable of pecuniary [19] estimation is caused to the offended party. Here, it has been sufficiently proven that petitioner represented herself to Menardo as capable of sending him to South Korea for employment, even if she did not have the authority or license for the purpose. Undoubtedly, it was this misrepresentation that induced Menardo to part with his hard-earned money in exchange for what he thought was a promising future abroad. The act of petitioner clearly constitutes estafa under the above[20] quoted provision. It is well established in jurisprudence that a person may be convicted of both illegal recruitment and estafa. The reason, therefore, is not hard to discern: illegal recruitment is malum prohibitum, while estafa is malum in se. In the first, the criminal intent of the [21] accused is not necessary for conviction. In the second, such an intent is imperative. Lastly, the CA correctly modified the penalty imposed by the RTC for the crime of estafa in Criminal Case No. 03-215332. Article 315 of the RPC fixes the penalty for Estafa, viz.: 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 latter sum, the penalty provided in this 4 of 7 1/25/2016 2:35 PM