Under Article 39 of the Labor Code, the offense of illegal recruitment in large scale, a
crime deemed to involve economic sabotage, is punishable by life imprisonment and a
fine of one hundred thousand pesos (P100,000.00). Conviction for the crime of illegal
recruitment under the Labor Code does not preclude punishment under other statutes if
some other crimes or felonies are committed in the process.xxiv[24] Thus, a person
convicted for illegal recruitment may also be convicted for the crime of estafa. The
principal reason for this is that the former offense 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 an additional element for
conviction.xxv[25]
The elements of estafa in general are: (1) that the accused has defrauded another by
abuse of confidence or by deceit, and (2) that damage or prejudice capable of pecuniary
estimation is caused to the offended party or third person.xxvi[26] These elements are
present in the case at bench - (a) appellant has deceived complainants into believing
that he is capable of providing them with work abroad, and (b) that, by reason of his
false assurances, complainants have parted with money to their damage and prejudice that thereby can render appellant liable for estafa under paragraph 2(a), Article 315, of
the Revised Penal Code. This law imposes 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. The amount involved in each of
the three cases for estafa is within the above range. Under the Indeterminate Sentence
Law, the maximum term of the penalty shall be that which, in view of the attending
circumstances, could be properly imposed under the Revised Penal Code, and the
minimum shall be within the range of the penalty next lower to that prescribed for the
offense.xxvii[27] There being no mitigating or aggravating circumstances, the trial court
did not err in imposing the indeterminate sentence of six (6) months and one (1) day of
prision correccional minimum, as minimum penalty, to six (6) years eight (8) months and
one (1) day of prision mayor minimum, as maximum penalty, for each of the three (3)
counts of estafa.
WHEREFORE, the appealed decision of the trial court finding appellant Elvis Sanchez
guilty beyond reasonable doubt of the crimes of illegal recruitment in large scale and
three counts of estafa and sentencing him accordingly, as well as ordering the payment
to the complainants of actual damages, is AFFIRMED. Costs against appellant.
SO ORDERED.
Davide, Jr., Bellosillo, Panganiban, and Quisumbing, JJ. concur.
i[1] Penned by Judge Ruben C. Ayson.