Criminal Law, 2012 Bar — Question 8

MULTIPLE CHOICE

AA misrepresented to the complainant that he had the power, influence, authority and business to obtain overseas employment upon payment of placement fee. AA duly collected the placement fee from complainant. As per certification of the Philippine Overseas Employment Administration, AA did not possess any authority or license for overseas employment. Is it proper to file two (2) separate Informations for illegal recruitment under the Labor Code and for estafa by means of deceit? (A) No. The ling of two (2) separate lnformaons for illegal recruitment under the Labor Code and for estafa by means of deceit for the same act is violative of the principle against double jeopardy. (B) No. One lnfomiation for a complex crime of illegal recruitment with estafa by means of deceit should be filed, instead of two (2) separate lnfonnations. (C) No. A person convicted of illegal recruitment under the Labor Code may not, for the same act, be separately convicted of estafa by means of deceit. (D) Yes. A person convicted of illegal recruitment under the Labor Code may, for the same act, be separately convicted of estafa by means of deceit.

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