A person who has committed illegal recruitment may be charged and convicted separately of the crime of illegal recruitment under the Labor Code and estafa under paragraph 2(a) of Article 315 of the Revised Penal Code. The reason for the rule is that the crime of illegal recruitment is malum prohibitum where the criminal intent of the accused is not necessary for conviction, while the crime of estafa is malum in se where the criminal intent of the accused is necessary for conviction. In other words, a person convicted under the Labor Code may also be convicted of offenses punishable by other laws. (
People vs. Comila, G.R. No. 171448, 28 February 2007)
