not more than twelve (12) years and a fine of not less than Five hundred
thousand pesos (P500,000.00) nor more than One million pesos
(P1,000,000.00).
"If the offender is an alien, he or she shall, in addition to the penalties
herein prescribed, be deported without further proceedings.
"In every case, conviction shall cause and carry the automatic
revocation of the license or registration of the recruitment/manning agency,
lending institutions, training school or medical clinic."
The changes introduced by R. A. 8042 and R. A. 10022 on the definition and scope
of illegal recruitment have practically covered all forms of fraud that may be committed
against applicant OFWs. New acts of exploitation or fraud committed against applicant
OFWs not previously included in the formal definition of illegal recruitment are now being
punished as prohibited acts with the corresponding criminal penalties. The new prohibited
acts numbers (1), (2), and (3) are meant to address the problem of debt bondage faced by
OFWs. The penalties of fines and imprisonment for illegal recruitment and the other
prohibited acts were also raised significantly under the present laws.
A textual analysis of the present laws on illegal recruitment shows that the law has
practically covered all possible scenarios and there are no perceivable gaps in the legal
protection for OFWs against illegal recruitment.
Notwithstanding the enactment into law of R. A. 8042 and R. A. 10022, however, the
problem on illegal recruitment continue to persist. Even in the face of stringent laws against
illegal recruitment imposing imprisonment up to twenty (20) years and fines up to Five
Million Pesos, illegal recruiters continue to victimize overseas job applicants, sometimes
even including experienced migrant workers.
The fifteen (15) cases of illegal recruitment, mostly illegal recruitment in large scale
or committed by a syndicate, were decided by the Supreme Court during the period 20152019. These were offenses committed after the enactment of R. A. 8042. In all these cases,
the perpetrators did not have any valid license to recruit and yet, they were still able to
defraud the victims.66 On the other hand, the victims were not diligent enough to verify first
with the POEA if the recruiters were licensed entities. In fact, in one case, the victims even
admitted that they knowingly went through the process despite awareness that the
perpetrator had no recruitment license because they were counting on the illegal recruiter’s
capacity to land them a job abroad.67
In a 2011 PIDS Discussion Paper, it was observed that notwithstanding the fact that
laws are in place to protect OFWs, the implementation of the law leaves much to be desired.
66
67
In the case of “People of the Philippines vs. Delia Molina y Cabral,” G.R. No. 207811, June 01,
2016, the Accused-Appellant was the President of a POEA-licensed recruitment agency but at the
time the illegal recruitment took place, the license of her agency was suspended and her agency
had no authority to recruit workers to Korea as it had no valid job order to do so.
“People of the Philippines vs. Owen Marcelo Cagalingan and Beatriz B. Cagalingan,” G.R. No.
198664, November 23, 2016
42
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