the law to prohibit illegal recruiters, but to discriminate against licensed and registered
recruiters is unconstitutional.
The respondent, likewise, alleged that Section 6, subsections (a) to (m) is
unconstitutional because licensed and authorized recruitment agencies are placed on
equal footing with illegal recruiters. It contended that while the Labor Code
distinguished between recruiters who are holders of licenses and non-holders thereof in
the imposition of penalties, Rep. Act No. 8042 does not make any distinction. The
penalties in Section 7(a) and (b) being based on an invalid classification are, therefore,
repugnant to the equal protection clause, besides being excessive; hence, such
penalties are violative of Section 19(1), Article III of the Constitution.[9] It was also
pointed out that the penalty for officers/officials/employees of recruitment agencies who
are found guilty of economic sabotage or large-scale illegal recruitment under Rep. Act
No. 8042 is life imprisonment. Since recruitment agencies usually operate with a
manpower of more than three persons, such agencies are forced to shut down, lest their
officers and/or employees be charged with large scale illegal recruitment or economic
sabotage and sentenced to life imprisonment. Thus, the penalty imposed by law, being
disproportionate to the prohibited acts, discourages the business of licensed and
registered recruitment agencies.
The respondent also posited that Section 6(m) and paragraphs (15) and (16),
Sections 8, 9 and 10, paragraph 2 of the law violate Section 22, Article III of the
Constitution[10] prohibiting ex-post facto laws and bills of attainder. This is because the
provisions presume that a licensed and registered recruitment agency is guilty of illegal
recruitment involving economic sabotage, upon a finding that it committed any of the
prohibited acts under the law. Furthermore, officials, employees and their relatives are
presumed guilty of illegal recruitment involving economic sabotage upon such finding
that they committed any of the said prohibited acts.
The respondent further argued that the 90-day period in Section 10, paragraph (1)
within which a labor arbiter should decide a money claim is relatively short, and could
deprive licensed and registered recruiters of their right to due process. The period
within which the summons and the complaint would be served on foreign employees
and, thereafter, the filing of the answer to the complaint would take more than 90
days. This would thereby shift on local licensed and authorized recruiters the burden of
proving the defense of foreign employers. Furthermore, the respondent asserted,
Section 10, paragraph 2 of the law, which provides for the joint and several liability of
the officers and employees, is a bill of attainder and a violation of the right of the said
corporate officers and employees to due process. Considering that such corporate
officers and employees act with prior approval of the board of directors of such
corporation, they should not be liable, jointly and severally, for such corporate acts.
The respondent
unconstitutional:
asserted
that
the following provisions of
the
law are
SEC. 9. Venue. – A criminal action arising from illegal recruitment as defined herein
shall be filed with the Regional Trial Court of the province or city where the offense
was committed or where the offended party actually resides at the time of the