MURAO, JOSE PEPITO III

I. Article III Section 21, Same Offense:

People v. Yabut G.R. No. 115719-26

Facts:
In the case at bar, resolution for 8 consolidated cases implicating herein accused-appellant Fernando Cortez
and his common-law wife Irene Yabut is sought to be resolved. According to several private complainants,
the defendants acted as recruiters for overseas employment without license or authorization. The
complainants were made to give down payments and fees for the aforementioned jobs while the defendants
kept on delaying in finalizing their transaction, as the two defendants are not authorized to facilitate such
activity. Realizing that they have been misled to believe that appellant and his co-accused were dealing in
fraud, the complainants referred the two defendants to the Department of Justice, which subsequently
charged the two with Illegal Recruitment in Large Scale along with Estafa. For his defense, accused-
appellant Cortez denies such transactions and his involvement in said suspicious dealings. The trial court
acquitted Cortez of the 8 counts of estafa but convicted him of illegal recruitment in large scale.
Herein accused-appellant now appeals to the Supreme Court, contending that his romantic involvement
with Yabut does not mean he acted in conspiracy with the latter. Meanwhile, the Office of the Solicitor
General prays for the affirmation of the trial court decision in toto as Cortez received deposits to defray
travelling expenses, informed the complainants that the money would be used to process their visas for
Japan, and even manned the office he maintained with Yabut and entertained job seekers while Yabut had
gone into hiding.
Issue: W/N the trial court erred in convicting Cortez?
Held:
NO. Under Philippine jurisdiction, a person’s conviction for illegal recruitment under the Labor Code does
not bar conviction for offenses punishable by other laws. Nor does conviction for estafa under the Revised
Penal Code bar conviction for illegal recruitment under the Labor Code. Given this, a person’s acquittal for
estafa will not necessarily affect conviction for illegal recruitment, as the same does not constitute one
offense. Since all of the requisites of illegal recruitment—recruitment activity, no license or authorization,
commission of the same against 3 or more person—is attendant in this case; the decision of the regional
trial court is AFFIRMED.