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C. Illegal Recruitment

1. Elements

a. Elements of illegal recruitment

1) That the offender has no valid license or authority required by law to enable one to lawfully engage in recruitment and placement of workers; and

2) That he undertakes either any activity within the meaning of “recruitment and placement” defined under Article 13 (b), or any prohibited practices enumerated under Article 34 of the Labor Code (now Section 6, R.A. 8042, as amended). (Lapasaran v. People, G.R. No. 179907, 12 February 2009)

b. Distinct impression, sufficient

Illegal recruitment may be committed by offender who makes a distinct impression that she had the power or ability to send one abroad for work, such that the latter was convinced to part with his money in order to be employed. To be engaged in the practice of recruitment and placement, it is plain that there must, at least, be a promise or an offer of employment from the person posing as a recruiter whether locally or abroad. (Ibid.)

2. Types

a. The 3 Types of Illegal Recruitment:

1) Simple

2) By a Syndicate (at least 3 offenders)

3) Large-Scale (at least 3 victims) (Ibid.)

b. The 2 Kinds of Illegal Recruiter:

1) Non-licensee / Non-holder of authority – those who commit illegal recruitment, wrongful, and prohibited acts

2) Licensed recruiter / Holder of authority – those who commit any of the 14 wrongful acts (Ibid.)

3. Illegal recruitment as distinguished from estafa

a. Criminal intent

1) In illegal recruitment, criminal intent is not necessary – since it is a special crime.

2) In estafa, criminal intent is necessary – since it is a felony under the Revised Penal Code.

b. Damage

1) In illegal recruitment, damage is not essential.

2) In estafa, damage is essential.

c. Legal basis

1) Illegal recruitment is punishable under the Labor Code.

2) Estafa is punishable under the Revised Penal Code.

d. Not mutually exclusive

Both crimes may be applicable in the same case. Conviction in one does not preclude the other.

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