Illegal recruitment and estafa

Dear PAO,

My three relatives fell victim to an unscrupulous person who represented himself to be a recruiter who has the license to undertake recruitment and placement activities and promised them work abroad. They WANT TO fiLE CASES AGAINST THE “RECRUITER” BUT ARE DOUBTFUL IF BOTH ILLEGAL RECRUITment and estafa will prosper since they WILL BE SUING BASED ON THE SAME FACTS and acts committed. Will both cases prosper?

Julius

Dear Julius,

Both cases of estafa and illegal recruitment will prosper against the alleged recruiter. This has been clarified by the Supreme Court in The People of the Philippines vs. Julia Regalado Estrada (GR 225730, Feb. 28, 2018), penned by Associate Justice Samuel Martires. Therein, the high tribunal stated:

“A conviction for illegal recruitment whether simple or committed on a large scale would not preclude punishment for estafa under Article 315(2)(a) of the RPC. This is because no double jeopardy could attach from the prosecution and conviction of the accused for both crimes considering that they are penalized under different laws and involved elements distinct from one another. Conviction under Article 315(2) (a) requires the concurrence of the following elements: (1) the accused defrauded another by abuse of confidence or by means of deceit; and (2) the offended party, or a third party, suffered damage or prejudice capable of pecuniary estimation. These are elements completely different from those required for illegal recruitment.

“Under Section 6 of RA 8042, illegal recruitment, when undertaken by a non-licensee or non-holder of authority as contemplated under Article 13(f) of the Labor Code, shall mean any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, procuring workers, and including referring, contract services, promising or advertising for employment abroad, whether for profit or not.

“Further, to sustain a conviction for illegal recruitment under RA 8042 in relation to the Labor Code, the prosecution must establish two (2) elements: first, the offender has no valid license or authority required by law to enable one to lawfully engage in the recruitment and placement of workers; and second, the offender undertakes any of the activities within the meaning of recruitment and placement defined in Article 13(b) of the Labor Code, or any of the prohibited practices enumerated under Section 6 of RA 8042. Further, in case the illegal recruitment was committed in large scale, a third element must be established, that is, the offender commits the illegal recruitment activities against three or more persons, individually or as a group.”

In the same case, the Court explained that illegal recruitment in large scale is considered as an offense involving economic sabotage, which entails heavier punishment: “the penalty of life imprisonment and a fine of not less than five hundred thousand pesos (P500,000) nor more than one million pesos (P1,000,000) shall be imposed upon any person who shall commit illegal recruitment involving economic sabotage.” (Section 6(m) of Republic Act 8042)

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.