OS BOOK ONE CHARACTERISTICS OF GRI INAL LAW 1. What are the characteristics of criminal law? Explain each. ‘Criminal taw is general, territorial, and prospective. It is general, hence penal laws and those of public security and safety are obligatory upon all who live and sojourn in the Philippine territory (Art, 14, NCC). I is teritorial, meaning, penal laws of the Philippines have tha force and effect only within the Philippine territory except as provided under An. 2 of the RPC. It is prospective, thus, a penal law cannot make an act punishable in a manner in which it was not punishable when committed. Art. 366, RPC says that crimes are punished under the laws in force at the time of their commission, 3. al ipo Ag ooGSNGDN nk iS ar Ria A - dalicie}in ascertaining whethor_a person is. diplomat ‘e to immunity is the i ly “diplomatic: agents,” with blanket diplomatic gents” as the heads of same privileges from all AAA committed a8 e against 4 hé was in China. Ouring the prosecution for the son, Ad ie cannot be made liable for the said crime bec: a [ issio he crime, he was outside the territorial jurisdiction iti ontentioh tefable? No. Under the principle of-tatrparial temitory. However, Article 2 of thé disSien of any of the crimes against national even if committed outside the Philippine security and the law of natior jurisdiction. Treason is a crime agains and the law of nations. Hence, he is liable for tory, AAA and BBB were married in the Philippines. When AAA went abroad to work, he met his ex- girlfriend, CCG. They cenowed their friendship and rekindled their affections for each other and eventually got married in California, When BBB found out about the second marriage, she filed a case of Bigamy against AAA and GCC in the Philippines. Will the case prosper? No, the case will not prosper. Under the principle of territoriality, Philippine penal laws, are enforceable only within its territory unless the act is one that falls under exceptions provided in Article 2, RPC. Bigamy is not among those mentioned in Article 2. Hence, the Philippine Courts have no Jurisdiction over the bigamous marriage contracted by AAA in Californi% 10. 11. What are the rules on crimes committed on ships or airships? ‘The following rules shall be considered: a. In crimes committed on Philippine ships or airships, the RPC applies whether the said ship airship is found in Philippine waters or in the high seas as long as the ship or airship is registerag under the Philippine laws; b. In crimes committed on private or merchant vessels found in Philippine territorial waters, the English Rule shall be applied which provides that crimes perpetrated under such cireumstancos are in general triable in the courts of the country within territory they were committed; and c. In-crimes committed on foreign warships, the nationality of the warship or airship determines the applicable penal laws to the crimes committed therein as such ships or airships ar considered tp be an extension of the territory of the country to which they belong (REYES, Book One, at 25.31) Prospectivity General Rule: An act cannot be penalized If it was not punishable at the time of its commission Exception: A new law may be applied rovisions are favorable to the accused Exception to the exceptioy which would sy This distinction is iigpértant ibita, the only inquiry i, immaterial, When the and the doing of the ais se contrary, if it is not immprz public policy, then i turpitude is ultimately When the acts complained : deemed mala in se, even if they are punished by @ special iaw. Accord ust be clearly established with the other elements of the crime; otherwise, miitied. On the other hand, in crimes that are mala prohibita, the criminal acts are not il but become punishable only because the law Says they are forbidden (Garcia v. Court of Appeals, 2006). Are there felonies under the RPC which are maia prohibita? Are there crimes punished under special penal laws which are considered mala in se? Yes. Under the RPC, the crime of technical malversation is malum prohibitum. Criminal intent is not an element of technical malversation. The law punishes the act of diverting public property earmarked by law or ordinance for a particular public purpose to another public purpose. It is. malurm profrbitum (¥sidoro v. People. 2012) ‘Yes. Plunder, defined and punished under RA 7080, as amended, is a crime malum in se. Plunder is a malum in $2, requiring proof of criminal intent. Precisely because the constitutive crimes are mala in se the element of mens rea must be proven in a prosecution for plunder. The legislative declaration in RA 7659 that plunder is a heinous offense implies that it is a malum in se. For when the acts punished— | are inherently immoral or inherently wrong, they are mala in <@ ad it does not matter that such acts are punished in a special faw, expecially sinca in the case of plunder the predicate crmas ara mainly mala in se. indeed, it would be absurd to treat prosecutions for plunder as though they are mere prosecutions for violations of the Bouncing Check Law (B.P, Big. 22) of of an ordinance against jaywalking, without regerd to the inherent wrongness of the acts (Estrada v. Sandiganbayan, 2011). Violation of Section 27(b) of RA S646 involving tampering, increasing or decreasing the number of votes is malum in se. Tamparing, incraasing or decreasing tho number of voles racsivad by a candidate in any election or refusal, after proper venficaton and hearing, to credit the correct votes or deduct such tampered votes is inherently immoral. For otherwise, even etors and mistakes committed dus to overwork and fatigue would be punishable. Given the valuma of votes to be caunted ‘and canvassed within a liritad amount of time, errors and miscalculations are bound to happen. And it could not ba the intent of the law to punish unintentional election canvass errars (Garcia v. Court of ‘Appeals, supra). 12. What Is the nature of hazing defi ished under RA 60497 ween the proposed law (RA.8048) ngrass did nat simply enact an 43, May felonies pint bs No. RPC does fel iclation of P : 7942, suffice itto say that a mala in & ge to Property) cannot iitRA vA 7342), What makes the be committed @ crime is in dispute or where the identiffGate pre an unreliable source and. testimony is inconclusive and not fret 16, Differentiate general from specific ifitent. General Intent is presumed in the commission of a felony. Specific Intent must be proven as an element of a felony. 17. What circumstances may be considered to determine the presence or absence of intent to kill? a. Motives b, Nature or number of weapons used in the commission of the erime; c. Nature and number of wounds inflicted on the victim; d. Manner the crime was committed; and e. Words uttered by the offender at the time the injuries are inflicted by him on the victim (People v. Mapala, 2007).18. What are the requisites in order for @ person to be held criminally liable for a felony which is different from that which he intandad to commit? Under Article 4 of the RPC, a person may be criminally liable for a felony different from that which he Intended to commit, provided: (a) thal a felony was committed and (b) that the wrong done to the eggrieved person be the direct consequence of the crime committed by the perpetrator (People Sales, 2011). 19. What are the concapts contemplated in Art. 4, RPC? a. Aberratio Ictus — mistake in the blow b. Errorin Personae — mistake: in the identity of the victim ¢, Praeter Intentionem — injury was greater than that which was intended 20. Define proximate cause. Proximate cause is that cause, whic} and continuous sequence, unbroken by any efficient cause, produces ti ma wound #cty back of theler's body which caused Nis hit and diet-as a/result. Is AAA MARE CC? Gnd ee am Bent A hittin irc inst-BBS. AAA‘ take in the blow, 9 athe ver atemated him fom Thi his criminal liability. Under Article 4 ‘afthe’ RPC, criminglfiability . mitting a felony although a ng Sp ‘card p n ir (4) armed men, WX, Y and Z, then su blue c ing at A's car. During the shooting, a bys! ear tk Y nent, was hit by a stray b bob 1¢ crime scene, A and B died. Are they liable th of G3 ; Yes. Criminal labia) F Biyalffough the wrongful act be different from thatwh i ony is responsible far all the cansequences whith iy-oF $m, whaliiécforeseen or intended or not. The rationale of eri ¢ he 0 . 4 ela causa es causa del mal causado’,or he whd 2) ‘evil caused. Aticle 4 of the RPC, pursuant (oD dertring i ‘criminal liability for the acts committed in violationcof i 3 Cahsequences resulting thersirom. While it may not have s iS fact wil not exculpate them. B's death caused by the bul deadly assault against A (| 23, Sama facts as No. 18. During the Afal‘ the Sourtappreciated the qualifying citcurastanca of treachery as regards the death o and Z were convicted of murdar for A's death, May treachery be appreciated as regards the death of B? Yes, Although 8's death was by no means deliberate, treachery may be appreciated in cases of aberratio ictus (People v Adriano, 2015), In treachery, it makes no difference whether or not the victim was the same person wham the accused intended to kill. The reason for this rula is that when there is treachery, itis impossible for either the intended victim or the actual victim to defend himseif against the aggression (People v, Andaya as cited In Reyes, Criminal Law Book 1, 2017). 24, State the requisites of mistake of fact. a. Theact done would have been lawful had the facts been as the accused believed them to be; b, The intention of the accused in performing the act should be lawful; and cc. The mistake must be without fault or carelessness on the part of the accused (US v. Ah Chong, 1910).Pal CRIMINAL LAW ea 25. Differentiate mistake of fact from mistake of law. Mistake of fact negates particular intent which is @ necessery ingredient of a crime, hence, could be a basis for the defense of gaod faith. Mistake of law, on the other hand, dogs nol excuse a parson, even a lay person, from llabllty. It is sufficient ta say thal averyana Is presumed to know the law, and the fact that one does not know that his act constitutes a violation of the law does not exempt him from the consequences thereof (Diego vs, Castillo, August 14. 2004; US v, Ah Ghang, March 19, 1810) IMPOSSIBLE CRIME ‘What are the requisites of an impossible crime? a. The act performad would be an offense against parsons of property, 1b, Act was done with evil intent; and ¢._ Its accomplishment was inherently impossible. or the means employed was elther inadequate or ineffectual (Art. 4 (2), REC}. . AAA, a collector for Company XYZ, as payment for marchandise bought by a client. instead of remitth Speeuent ae: give, Ad isnot litle for qualited theft but only ie AAA, armed witha’ M- thinking that property, the court cannot 2 nthe e-frimordial duty of the Gourt is merely to apply the Ts : 5 powers by judicial tegeleton and that in the course; ins ‘or under the guise of ink the law a construction wfitel that would give effect to théicld purpose. The remedy here is to pp excessive, and recommend executi 2014) STAGES OF EXECUTION What are-the different stages of execution? a. Allemnpled stage - offender commences the commissian of a felony directly by overt acts, and does not perform ail the acts of execution which should produce the felony by reason of some ‘eause ar accident other than his own spontaneous desistance b. Frustrated stage - offender perfarms all the acts of execution which would produce the felony as a consequence, but which, nevertheless, do not produce it by reason of cause independent of the will of the perpetrator. ¢, Consummated stage — offender performs all the elements necessary for its execution and accomplishment are présent (Art, 6, RPC).31. AAA was awakened when she falt that somebody was on top of her. She then realized that BBB was mashing her breasts, touching her private parts, and that she was totally naked. She fought back and was able te kick him twice; hence, BBB was not able to pursue his lustful desires. An Information for attempted rape was filed against BBB. Was BBB charged correctly? No, BBS should have been charged with acts of lasciviausness. The character of the overt acts for Purposes of the attempted stage is that it indicates the intention to commit a particular crime, more than a mere planning or proparation, which if carried aut to its complete terminatian following its natural course, without being frustrated by extemal obstacles nor by the spontaneous desistance of the perpetrator, will logically and nacassarily ripen into a concrete offense. The intant to commit rape should not easily ba inferred against the petitioner, even from his awn declaration of it, if any, unless he committed avert acts directly leading to rape. In this case, merely climbing on top of a naked female does not constitute attempted rape withaut proof of his erectite penis being in @ position to penetrate the female's vagina. Hence, the acts of BBB are not sufficient to constitute attempted rape (Cruz v. Peapie, 2014}, hauling the push cart at the 32. AAA and BBB took 15 boxes a al wt it for their price and loaded tham wed sci 33. 34, oxes in BEwpre convicted ot consummated argued that they should held liable far frustrated theft he Was bpp yet placed In a mast érit8 freely dispose their cohen d a e of BE prdboP\AdieA is MoS cnstitutive element of 1) that there betigking of personal property. 5 taking intent to gain; (4) that the taking be done i nd 6 i emplished without the use of violence agains fhevstolen casos of detergent Of. BRS spat in the parking lot, and nto, is deemed complete, agrno opportunity to dispase fpoals, 2007), 1. Indirect Bribery, Of his office. | consummated; Direct Bribery: y Corruption of Public . conourrence of the will of both parties, such as that wheats is consummated. But when the offer is rejected, the offense is me Adultery, because the essence a Physical Injury, singe it cannot bé determined whether the injury will be slight. less serious, or serious unless.and until consummated; and Theft, because the unlawiul taking immediately consummates the offense and the disposition of the thing is not an element thereof (Valenzuela v. People, 2007) CONSPIRACY AND PROPOSAL After being left in the altar, JJJ conspired with her brother KKK, to kill the unfaithful TTT through food poisoning. However, JJJ met another man and happily moved on with her life. Did JJJ and KKK committed a crime in conspiring to kill TTT? No, Art. 8 of the RPC provides that conspiracy is punishable only in the cases in which the law specially provides a penalty therefor as in treason. rebellion, and sedition. JJJ did not commit a crime when she conspired with KKK to kill TTT, because conspiracy to commit murder is not specifically made by law as punishable. Hence, JJJ and KKK did not commit a crime.as —————— 35. X,Y, and Z are employees of ABC Company. X and ¥ were omployed as security guards while Z was engaged as a garbage truck driver. At around 1:30 a.m., 2 hauled scrap materials found in the company premises into his garbage truck. When Z passed through the gate, X, the guard ‘on duty, did not even bother to ask for a gate pass though roquired. Tha scrap materials whore then unloaded in front of a junk shop where Y's brother-in-law worked. ¥ gave Z a thumbs-up sign after the materials wore unloaded and then preceded to cover the items with a sack. Is ¥ a conspirator despite his. absence during tho actual taking? Yes, he is a conspirator despite his absence during the actual taking. The essence of conspiracy is common design; hence, conspirators may act separalaly or together in different manners but elways Feading to the same unlawful result, The act of giving the "thumbs-up" sign is a clear proof of mesting of minds between Y and Z, thus he is a co-principal (Yongeo v. People, 2014}. RECIDIVISM What is the difference between reiferacion and recidivism? same lle of the RPC. Hy to be imposed upon he was pardons Yes, X is still a 3 the offender from the consequences of an jad. lf the fact that the accused is a recidivist as i extin fousty punished for an offense to jore crimes to which it attaches a lighter penalty. The requisites are a. The accused is on tal for an offen an b. He has previously served sentente for another cr which the law attaches an equal or greater penalty or for two or more crimes with lighter penalties; and 8. The accused is convicted of the new offense (RPC, Art, 14[10)). 39. Differentiate between recidivism and quasi-recidivism. Recidivism is a generic aggravating circumstance which can be offset by an ordinary mitigating circumstance. It covers convictions for crimes embraced in the same Title of the RPC. Quasi-recidivism, on the other hand, is a special aggravating circumstance which cannot be offset by an ordinary aggravating circumstance. The convictions are not for crimes embraced in the same Title of the RPC, provided that it is a felony that was committed by the offender before serving sentenoa by final judgement for another crime or while serving sentence for another crime.40. CCC, who was provisionally released on ball, was convicted of theft by final judgment. Before his arrest due to the judgment, he was caught by a police officer for possessing 3 ziplock plastic bag containing Marijuana, Is CCC a quasi-recidivist? No, he is not a quasi-recidivist. A quasi-recidivist is any person who shall commit a felony after having been convicted by final judgment, before beginning to serva such sentence, or while serving the same, shail be punished by lhe maximum period af the penalty prescribed by law for the new felony (RPC, Art 160). The iilegal possession of dangerous drugs is punished under the Dengerous Drugs Act which is a special law. The second offense committed by CCC is not a felony, hence, he is not a quasi-recidivist, 41, When is there habitual delinquency? There is habitual delinquency when the following requisites are present: a. The offender has been convicted of any of the crimes of serious or less serious physica! injuries, robbery. theft, estafa, of falsification: b. That after conviction, or afier sorving he again committed, and within ten (10) years cic aaa asindaggel pcbssories? ibus physiesPinjuries, robbery, theft, or ax will be considered a convicted, this at @r Sehious physical injuries. Is AAA ituadefinguent? ‘Yes, AAA is a habi faing AA was convicted oft igus physical injuries as enumerated by la this second « lace within 10 years from his first conviction : icq fop'estafa in 1988 up to his conviction for the 0 ea elapsed. However, ‘only six (6) years fe plapoed in 2006. The 10-yeai therefore a habitual dallas Reckening fram this date, e dale of the third conviction 44, Define delito continuade o Delite continuado exists when a. plurality of acts performed during b. unity of penal provision violated: and ‘©. unity of Criminal intent or purpose, which means that two or more violations of the same penal provisions are united in one and seme instant or resolution leading to the perpetration of the same criminal purpose or aim. Delite continwado or “continued crime" and sometimes referred to as “continuous crime." The original information charged petitioner with performing @ single criminal act—that of her approving the application for legalization of aliens not qualified under the law to enjoy such privilege. The Amended Informations aver that the offenses were committed on the same period of time, i.e., on or about ‘October 17, 1988. The strong probability even exists that the approval of the application or the legalization of the stay of the 32 aliens was done by a single stroke of the pen, as when the approval was embodied in the same document. Accordingly, the Supreme Court ordered the consolidation of the thiry-two Amended Informations into a single Information (Santiago v. Garchitorena, 1983).45. %, Y, and Z were charged with the crime of robbery in band in three separate Information, committed by robbing o1e house, then proceeded to another house where the second robbery was made and then to another house where the third robbery was performed. X, Y, and Z argue that they are guilty of one crime only since it was a continuous crime. Is the contention of X. Y, and, Z meritorious? No, they are liable for the three separate crimes committed, The series of acts do not show a single criminal purpose. After committing the first crime, they went to another house whore they comrrilted the second and then proceeded to another house where they committed the third. Thus, the rime. committed by the X, ¥, and, Z cannot be considered as @ continuing crime (Pegpla v. Enguero. 1957). Are continuing crimes the same with transitory crimes? No, they are not the same. A continued, continuing, or continuous crime. is a singla crime, consisting ‘of @ series of acts but all arising from one criminal resolution. On the other hand, transitory crimes or moving crimes in criminal procedure, are specified to determine venue. This is 8 becatise when a wransitory crime is committed, the criminal action may be instituted and tied in the court of the municipality, city. or province where! gesse gredients thereof took place. It does not n ri lal complex orinly i i offer Oe ag ae es oe lecassary means for although comp complex crimes atet . What Is a composite A composite crime, als: the law treats as a |. Differentiate a composite crit In 2 composite crime, the compositia crime, the combination of the offensés is not specified but generalized, thal is, grave and/or less. Qrave, or one offense being the necessary means to commit the other. In a composite crime, the penalty for the specified combination of crimes is specific, but in a complex or compound arime the penalty is that corresponding to the most sericus offense, to be imposed in the maximum period. A light felony that accompanies the commission of a complex or compound crime may be made the subject of a separate information, but a light felony that accompanies @ composite crime is absorbed (People v. Esugon, 2015). . When A, B, and several companions saw the yellow-pick service vehicle of Mayor X approaching towards the waiting shed where they were waiting on, they opened fire and rained bullets on the vehicle using high-powered firearms. Two of Mayor X's escorts died while five others were injured. What crime, if any, was committed? ‘The accused are liable for the separate crimes of 2 counts of murder and 7 counts of attempted murder.(ME } § Aa’ In @ complex crime, two or more erimes are actually committed, howavar, in the eyes of the law and in the constiance of the offender they constitute only one crime, and thus, only one penalty is imposed. Deeply rooted is the doctrine that when various victims expire from separate shots, such acts constitute separate and distinct crimes. In this case, the killing and wounding of the victims were not the result of a singla discharge of firearms for accused opened fire and rained bullats an the vehicle boarded by Mayor X and his group, AAs a result, two security eecorts died while five others were injured, Moreover, more than one gunman fired at the vehide of the vicims. Obviously, accused performed not only a single act bul several individual and distinet acts in the commission of the crime. Thus, Article 48 of the RPC would not apply for it speaks only of a“single act" (People v. Nelmida, 2012}. . R.was informed that his brother E was kidnapped. R was then instructed to bring the ransom to the kidnappers at the Libingan ng mga Bayani, One of the kidnappers took the money and drove away. Tha dead body of E was found a day after the kidnappers were arrested. What crime, if any, did the kidnappers cor The kidnappers are guilty idaapring for Ransom with Homicide regardless of whather the killing b cide can ne 48, nor be treated as separ rime Loe Seesoek 67, ee ern x responding to the most penalty will be void and ‘ith violence against or persons and robbery with used, wha held firearms, he victims in the process of b F ry in an inhabited house, the more serious crime, ‘A f 2 is the act of all (Fransdilla ¥. People, 2015), 5 Dlations of special penal laws? upplementary to special penal laws, unless the -latter should specially provide the ry. proscribed, Thus, provisions on conspiracy in RPC. suppletorily applies to BP 22 (Ladonga v. Peaple, 2005), RPC provision on subsidiary imprisonment suppietorily applies to BP 22 (Yu v, People, 2004), JUSTIFYING CIRCUMSTANCES 56. What are the requirements of self defense? a. Unlawful aggression: b. Reasonable necessity of the means employed to prevent or repel it; and c. Lack of sufficient provocation on the part of the person defending himself,57, What is unlawful aggression? Uniawdul aggression is an assault or at laast a threatened assault of an immediate and imminent kind. There must be an actual physical assaull upon a person or af least a threat to inflict real injury. Unlawful aggression on the part of the victim is the primordial elament of the justifying cireumstance of ‘self-defense. Without unlawful aggression, there can be no justified killing in delense of oneself. Tha test for the presence of unlawful aggression under the circumstances is whether the aggression from ‘the victim put in real peril the life or personal safety of the persan defending himself; the peril must not be an imagined or imaginary threat. 58. What are the elements of unlawful aggression? Accordingly, tha accused must establish the concurrence of three elements of unlawhul aggression, namely; (a) there must be a physical or material attack or assault; (b) the attack or assault must be actual, or, at least, imminent: and (c) the attack or assault must be unlawful (People v. Nugas, 2071), 59. What are the kinds of unlawful aggression? Define each. a. actual or material unlawful aggression. b. imminent unlawdul aggreseis injury. Imminent ‘must not consist sive and positively strong (like a A as if to attack) ‘ 3 fhe'ownar or not. The law a. The first is og involving the duty c RPC and liability tor damages Undar? 220. What the elements of Estafa Un 1. Receipt of the subject goods in trust ar under tN@ obligation to sell he same and to remit the proceeds thereof to (the trustor), er to return the goods ifnot sold; 2. Misappropriation or conversion of the goods andor the proceeds of the sale: 3. Performance of such acts with abuse of confidence to the damage and prejudice of rustor bank; and 4, Damand was made on them by the trustor bank for the remittance of the proceeds or the return. of the unsold goods (Land Bank of the Philippines v. Perez, 2012). 221. What is the penal sanction if the offender is a corporation? If the entustee is a corporation, the law makes the officers or employees of other persons responsible for the affense liable to suffer the penalty of imprisonment. Howaver, the person signing the trust receipt for the corporation is not solidarily iable with the entrustes-corporation for the civil liability arising from the criminal offense (Edward Ong v. CA, G.R. No. 119858, April 29, 2003).Bg — 10175 (CYBER PREVENTION AC 922, What are the purposes of the Cybercrime Prevention Act? While the State recognizes the vital role played by information and communications industries in the nation's overall social and economic development, the Cybercrime Pravention Act also targats to adopt messures to effectively prevent and combat cyhercrimes. by faclitaling thelr detection, investigation and prosecution at the bath the domestic and intemational levels as well as establish arrangements for fast and reliable intsmational cooperation. Furthermore, the State aims to provide an environment which is conducive to the developmant and rational application of information and communications technology (ICT) for free, easy and intelighble access to exchange and/or delivery of information. Lasify, the State seeks to protect tha integrity and confidentiality aot only of the informatian and cammunications technology (IGT) but also of the information and data stored therein fromall forms of misuse, abuse and illegal access by making them so punishable. |. What ara the Cybercrime Offenses? The following acts constitute the offen jon oF deletion of identifying fight: Provided, That if na ree: lower. 225, What is the effect of ¥ o hi sth ‘Special Laws? All crimes defined and p committed by, through and with the use of information and carta avered by the relevant provisions of this Act: provided, that the par ne (1) degree higher than that provided for by the RPC and special laws, asatig-Ca RA 9372 (HUMAN SECURITY ACT 226. What are the objectives of the Human Security Act? The State endeavors to protect life, liberty, and property from acts of terrorism, to condemn terrorism as inimical and dangerous to the national security of the country and to the welfare of the people, and to make terrorism a crime against the Filipino people, against humanity, and against the law of nations, 27. Cana person charged with terrorism be placed under house arrest? Apperson charged with the crime of terrorism ar conspiracy to commit terrorism may also be placed under house arrest by order of the court at his or her usual place of residence. While under house arrest, he or she may not use telaphones, cellphones, e-mails, computers, the internet or other means of communications with people outside the residence until otherwise ordered by the court (See. 26}.MS =e #AL RECRI 228. When is Illegal recruitment committed by a syndicate? Illegal recruitment is deemed committed by a syndicate if carried out by @ group of three or more persons conspiring or confederating with one another. 229, When Is it committed in large scale? illegal recruitment is deemed committed in large scale if committed against three or more persons individually or as @ group. 230. Cana person who commits illegal recrultrment be convicted separately of illegal recruitment and estafa under same facts? ‘Yes. Illegal recruitment and estafa cases may be filed simuitaneously or separately. The filing of changes for illegal recruitment does not bar the filing of estafa, and vice versa. Sys acquittal in the illegal recruitment case does not prove that she is not guilty of estafa. Illegal recruitment and estafa arily includes or is necessarily included in the on acquitted of illegal recruitment Suse illegal racuijtment is malum i 6 malum in se, ih