Illegal Recruitment vs. Estafa | 14 January 2024

The conviction for illegal recruitment will not preclude the personal liability for estafa. The elements of estafa and the elements of the crime of illegal recruitment require different elements. (People of the Philippines vs. Marissa Bayker, G.R. No. 170192, February 10, 2016)

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Alburo Law
January 14, 2024

Illegal Recruitment vs. Estafa

ILLEGAL RECRUITMENT

Illegal recruitment is committed by a person who: (a) undertakes any recruitment activity defined under Article l 3(b) or any prohibited practice enumerated under Article 34 and Article 38 of the Labor Code; and (b) does not have a license or authority to lawfully engage in the recruitment and placement of workers. It is committed in large scale when it is committed against three or more persons individually or as a group. (People of the Philippines vs. Marissa Bayker, G.R. No. 170192, February 10, 2016)

ESTAFA

The elements of estafa are: (a) that the accused defrauded another by abuse of confidence or by means of deceit, and (b) that damage or prejudice capable of pecuniary estimation is caused to the offended party or third person. (People of the Philippines vs. Dolores Ocden, G.R. No. 173198, June 1, 2011)

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