People vs. Yabut, G.R. Nos. 115719-26, October 5, 1999 : Acquittal of Estafa not Bar to Conviction of Illegal Recruitment in Large Scale

D E C I S I O N

(2^nd Division)

QUISUMBING, J.:

I.      THE FACTS:

Appellant Yabut was charged with 8 counts of estafa and illegal recruitment in large scale. The trial court acquitted him of the 8 counts of estafa but convicted him of illegal recruitment in large scale. He appealed his conviction to the Supreme Court.

II.    THE ISSUE

May the appellant be convicted of illegal recruitment in large scale despite his acquittal of the crime of estafa?

III.   THE RULING

[The Supreme Court AFFIRMED the conviction of the appellant of the crime of ILLEGAL RECRUITMENT in large scale.]

YES, the appellant be convicted of illegal recruitment in large scale despite his acquittal of the crime of estafa.

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