This case has been cited 1 times or more.
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2000-02-08 |
BELLOSILLO, J. |
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| As for the conviction of accused-appellant for estafa on eight (8) counts, we have ruled that the conviction of an accused for illegal recruitment under the Labor Code will not preclude punishment under the Revised Penal Code.[45] The elements of estafa under Art. 315, par. 2, subpar. (a), of the Revised Penal Code are: (a) the accused has defrauded another by abuse of confidence or by means of deceit and (b) damage by pecuniary estimation is caused to the offended party or third person.[46] Clearly it can be seen that both elements were satisfied as accused-appellant, through deceit and abuse of confidence, obtained money from the complainants without fulfilling his promise of securing employment for them in Japan. | |||||