Illegal Recruitment; Estafa

Case No. 41 – Tutoy

People vs. Yabut, G.R. No. 115719-26
Facts:
Spouses Yabut on several occasions received money from complainants promising them they will
be able to work in Japan. After several cancellations of their scheduled departure, complainants
discovered that said spouses were not licensed to engage in recruitment and placement activities.
Wife eluded arrest and remains at-large. Husband contends that he was not engaged in recruitment
for overseas employment and but only in processing visas. He was acquitted of the crime of
estafa

Issue: W/N accused could be convicted of illegal recruitment in large scaledespite his acquittal
of the crime of estafa?

Ruling:
Yes. 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 the
crime of illegal recruitment in large scale, and vice versa.

Main Point:
A person who commits illegal recruitment may be charged and convicted separately of illegal
recruitment under the Labor Code and estafa Art. 315 of the RPC. The former is mala prohibitum
where the criminal intent of the accused is not necessary for conviction, while estafa is mala in se
where the criminal intent of the accused is crucial for conviction.