Philippine Bar review · Question

Practice question: Distinguished from Estafa

Multiple Choice Hard Jurisprudence

Practice question

A recruiter falsely claims to have an existing foreign employer authorization and a guaranteed job. Before payment, she shows fabricated documents. The applicant relies on them, pays PHP 40,000, and loses that amount. A separate charge alleges unlicensed recruitment. The recruiter argues that the single payment makes prosecution for both offenses constitutionally impossible. Which is the best response?
  1. The argument is necessarily correct because one payment can support only one criminal law
  2. The argument fails merely because the prosecutor used two informations, regardless of the elements
  3. The argument is incorrect: illegal recruitment and estafa have distinct elements, and liability for each requires independent proof
  4. The estafa charge must be dropped whenever the applicant is not deployed
  5. The recruitment charge must be dropped whenever deceit is alleged

Legal references

  • https://lawphil.net/judjuris/juri2024/aug2024/gr_235010_2024.html — People v. Valle y Lapurga, GR 235010, August 7, 2024, main decision.
  • https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/68766 — People v. Marzan, GR 227093, September 21, 2022, main decision; estafa under Revised Penal Code Article 315(2)(a) and distinct recruitment offenses.

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