Illegal Recruitment

Post on 02-Nov-2015

11 views 0 download

Transcript of Illegal Recruitment

Illegal recruitment; estafa."x x x.

We point out that conviction under the Labor Code for illegalrecruitment does not preclude punishment under the Revised Penal Code forthe crime of estafa.4 We are convinced that the prosecution proved beyondreasonable doubt that appellant violated Article 315(2)(a) of the RevisedPenal Code, as amended, which provides that estafa is committed by anyperson who defrauds another by using a fictitious name; or by falselypretending to possess power, influence, qualifications, property, credit,agency, business; by imaginary transactions or similar forms of deceitexecuted prior to or simultaneous with the fraud.5

The appellants act of falsely pretending to possess power andqualifications to deploy the complainants to Hongkong, even if he did nothave the authority or license for the purpose, undoubtedly constitutes estafaunder Article 315(2)(a) of the Revised Penal Code. The elements of deceitand damage are clearly present; the appellants false pretenses were the verycause that induced the complainants to part with their money.

x x x."

See -PEOPLE OF THE PHILIPPINES vs. JERIC FERNANDEZy JAURIGUE,G.R. No. 199211, June 4, 2014.