5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly is settled that when the trial court’s findings have been affirmed by the appellate court, said findings are generally binding upon this Court.[27] Given the foregoing, we uphold the conviction of appellant for illegal recruitment in a large scale, which constitutes economic sabotage. The penalty of life imprisonment and the fine of P500,000.00, imposed upon appellant for the said offense by the RTC, and affirmed by the Court of Appeals, is in accord with Section 7(b) of Republic Act No. 8042, which provides: 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. (Emphasis ours.) Estafa We likewise affirm the conviction of appellant for three counts of estafa committed against the private complainants in Criminal Case Nos. 03-0123, 03-0127, and 030130, based on the very same evidence that proved appellant’s criminal liability for illegal recruitment. 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. As we explained in People v. Cortez and Yabut[28]: 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 elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57079 13/19

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