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b. Distinguished from Estafa

Illegal recruitment as distinguished from estafa

ILLEGAL RECRUITMENT ESTAFA
It is malum prohibitum It is malum in se
The criminal intent of the accused is not necessary The criminal intent is imperative
Penalized under the Labor Code or, for overseas employment, RA 8042, secs. 6–7, as amended by RA 10022 Penalized under the Revised Penal Code
Limited in scope Wider in scope and covers deceits whether related or not related to recruitment activities

Note: Conviction under the Labor Code for illegal recruitment does not preclude punishment under the RPC for estafa (People v. Fernandez, G.R. No. 199211, 2014)

A worker who suffers pecuniary damage, regardless of amount, as a result of previous or simultaneous false pretense resorted to by a non-licensee or nonholder of authority, may complain of estafa under Art. 315, par. 2(a) of the RPC, aside from illegal recruitment. (People v. Fernandez, G.R. Nos. 141221-36, 2002)

Estafa is committed by any person who defrauds another by using fictitious name, or falsely pretends to possess power, influence, qualifications, property, credit, agency, business or imaginary transactions, or by means of similar deceits executed prior to or simultaneously with the commission of the fraud. (Revised Penal Code, Art. 315)

The offended party must have relied on the false pretense, fraudulent act or fraudulent means of the accused-appellant and as a result thereof, the offended party suffered damages.

Liability of Local Recruitment Agency and Foreign Employer