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PEOPLE v. REMEDIOS PASCUA

This case has been cited 4 times or more.

	GR No. 187730 2010-06-29	PEOPLE v. RODOLFO GALLO Y GADOT VELASCO JR., J.
To commit syndicated illegal recruitment, three elements must be established: (1) the offender undertakes either any activity within the meaning of "recruitment and placement" defined under Article 13(b), or any of the prohibited practices enumerated under Art. 34 of the Labor Code; (2) he has no valid license or authority required by law to enable one to lawfully engage in recruitment and placement of workers;[8] and (3) the illegal recruitment is committed by a group of three (3) or more persons conspiring or confederating with one another.[9] When illegal recruitment is committed by a syndicate or in large scale, i.e., if it is committed against three (3) or more persons individually or as a group, it is considered an offense involving economic sabotage.[10]
	GR No. 187730 2010-06-29	PEOPLE v. RODOLFO GALLO Y GADOT VELASCO JR., J.
The elements of estafa in general are: (1) that the accused defrauded another (a) by abuse of confidence, or (b) by means of deceit; and (2) that damage or prejudice capable of pecuniary estimation is caused to the offended party or third person.[15] Deceit is the false representation of a matter of fact, whether by words or conduct, by false or misleading allegations, or by concealment of that which should have been disclosed; and which deceives or is intended to deceive another so that he shall act upon it, to his legal injury.
	GR Nos. 116905-908 2002-08-06	PEOPLE v. EDUARDO BALLESTEROS CARPIO, J.
Article 315 of the Revised Penal Code.[29] Illegal recruitment is malum prohibitum where the criminal intent of the accused is not necessary for conviction, while estafa is malum in se where the criminal intent of the accused is necessary for conviction.[30] In other words, a person convicted under the Labor Code may also be convicted of offenses punishable by other laws for the same acts. The elements of estafa are as follows: (1) the accused defrauded another by abuse of confidence or by means of deceit; and (2) the offended party or a third party suffered damage or prejudice capable of pecuniary estimation.[31]