5/28/2020
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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
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