[1]
Decision penned by Judge Ramon P. Makasiar, RTC-Br. 35, Manila, promulgated 18 August 1998.
[2]
Records, pp. 15-31.
[3]
TSN, 18 February 1998, p. 46.
[4]
Id., pp. 46-47.
[5]
Id., p. 48-49.
[6]
Rollo p. 20.
[7]
Resolution of the Department of Justice dated 15 September 1997; Exh. 12.
[8]
RA 8042, "An Act to Institute the Policies of Overseas Employment and Establish a Higher Standard of
Protection and Promotion of the Welfare of Migrant Workers, Their Families and Overseas Filipinos in
Distress and for other Purposes." It took effect 15 July 1995.
[9]
Sec. 6. Definition. - For purposes of this Act, illegal recruitment shall mean any act of canvassing,
enlisting, contracting, transporting, utilizing, hiring or procuring workers and includes referring, contract
services, promising or advertising for employment abroad, whether for profit or not, when undertaken by a
non-licensee or non-holder of authority contemplated under Article 13 (f) of Presidential Decree No. 442,
as amended, otherwise known as the Labor Code of the Philippines: Provided, That any such nonlicensee or non-holder who, in any manner, offers or promises for a fee employment abroad to two or
more persons shall be deemed so engaged. It shall likewise include the following acts, whether
committed by any person, whether a non-licensee, non-holder of authority, licensee or holder of authority:
(a) To charge or accept directly or indirectly any amount greater than that specified in the schedule of
allowable fees prescribed by the Secretary of Labor and Employment, or to make a worker pay any
amount greater than that actually received by him as a loan or advance; (b) To furnish or publish any
false notice or information or document in relation to recruitment or employment; (c) To give any false
notice, testimony, information or document or commit any act of misrepresentation for the purpose of
securing a license or authority under the Labor Code; (d) To induce or attempt to induce a worker already
employed to quit his employment in order to offer him another unless the transfer is designed to liberate a
worker from oppressive terms and conditions of employment; (e) To influence or attempt to influence any
person or entity not to employ any worker who has not applied for employment through his agency; (f) To
engage in the recruitment and placement of workers in jobs harmful to public health or morality or to the
dignity of the Republic of the Philippines; (g) To obstruct or attempt to obstruct inspection by the
Secretary of Labor and Employment or his duly authorized representative; (h) To fail to submit reports on
the status of employment, placement vacancies, remittance of foreign exchange earnings, separation
from jobs, departures and such other matters or information as may be required by the Secretary of Labor
and Employment; (i) To substitute or alter to the prejudice of the worker, employment contracts approved
and verified by the Department of Labor and Employment from the time of actual signing thereof by the
parties up to and including the period of the expiration of the same without the approval of the
Department of Labor and Employment; (j) for an officer or agent of a recruitment or placement agency to
become an officer or member of the Board of any corporation engaged in travel agency or to be engaged
directly or indirectly in the management of a travel agency; (k) To withhold or deny travel documents from
applicant workers before departure for monetary or financial considerations other than those authorized
under the Labor Code and its implementing rules and regulations; (l) Failure to actually deploy without
valid reason as determined by the Department of Labor and Employment; (m) Failure to reimburse
expenses incurred by the worker in connection with his documentation and processing for purposes of
deployment, in cases where the deployment does not actually take place without the workers fault. Illegal
recruitment when committed by a syndicate or in large scale shall be considered an offense involving
economic sabotage.
Illegal recruitment is deemed committed by a syndicate if carried out by a group of three (3) or more
persons conspiring and confederating with one another. It is deemed committed in large scale if
committed against three (3) or more persons individually or as a group.