“1. The accused undertook any recruitment activity defined under Art.
13 (b) or any prohibited practice enumerated under Art. 34 of the Labor Code.
“2. He did not have the license or the authority to lawfully engage in
the recruitment and placement of workers.
“3. He committed the same against three or more persons, individually
or as a group.
“RA 8042, otherwise known as the ‘Migrant Workers and Overseas
Filipinos Act of 1995,’ established a higher standard of protection and
promotion of the welfare of the migrant workers, their families and overseas
Filipinos in distress. RA 8042 also broadened the concept of illegal
recruitment for overseas employment and increased the penalties, especially
for Illegal Recruitment in Large Scale and Illegal Recruitment Committed by a
Syndicate, which are considered offenses involving economic sabotage. Part II
of RA 8042 defines and penalizes illegal recruitment for employment abroad,
whether undertaken by a non-licensee or non-holder of authority or by a
licensee or holder of authority.
“Section 6 of RA 8042 provides for the definition of illegal
recruitment, while Section 7 enumerates the penalties therefor, thus:
‘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 non-licensee or nonholder who, in any manner, offers or promises for a fee
employment abroad for 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, 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;
35
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents