“The crimes of illegal recruitment and estafa, while intertwined in many cases of recruitment, have different elements. The penal law on illegal recruitment was enacted specifically as a deterrent to those who conduct recruitment activities without having been previously vetted by the government. It is the commission of acts considered by the law as recruitment activities without possessing the necessary government license or permit which is the essence of the crime. Thus, in previous cases, the Court classified illegal recruitment as malum prohibitum, where intent to deceive, for instance, is immaterial. As a result, even those who actually capable of sending workers abroad for employment — if their license or permits have already expired — may still be liable for illegal recruitment.
On the other hand, the thrust of estafa under Article 315 (2)(a) of the Revised Penal Code is broadly to punish those who use deceit such as false pretenses in order to gain something and to cause damage to another. Thus, the elements of the crime of estafa are as follows:
- there must be a false pretense, fraudulent act or fraudulent means
;
- such false pretense, fraudulent act or fraudulent means must be made or executed prior to or simultaneously with the commission of the fraud.
- the offended party must have relied on the false pretense, fraudulent act or fraudulent means, that is, he or she was induced to part with his or her money or property because of the false pretense, fraudulent act or fraudulent means; and,
- as a result thereof, the offended party suffered damage.”[1] (Citations omitted)
[1] People v. Valle, G.R. No. 235010, August 7, 2024