Practice question
A recruiter knowingly lies that a confirmed overseas job exists. An applicant relies on the lie, pays a processing fee, and suffers financial loss. Does the absence of proof that the recruiter lacked a license automatically defeat estafa by false pretenses?
- Yes, non-license status is indispensable to every estafa charge
- No, the alleged deceit, reliance, payment, and damage must be assessed independently of license status
- Yes, unless there are three applicants
- Yes, because only a recruitment regulator may determine deceit
- No, because any failed job application automatically proves estafa
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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