‘(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 worker’s 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
or confederating with one another. It is deemed committed in
large scale if committed against three (3) or more persons
individually or as a group.
‘The persons liable for the above offenses are the
principals, accomplices and accessories. In case of juridical
persons, the officers having control, management or direction
of their business shall be liable.
‘SEC. 7. Penalties. –
‘(a) Any person found guilty of illegal recruitment shall
suffer the penalty of imprisonment of not less than six (6) years
and one (1) day but not more than twelve (12) years and a fine
of not less than Two hundred thousand pesos (₱200,000.00) nor
more than Five hundred thousand pesos (₱500,000.00).
‘(b) The penalty of life imprisonment and a fine of not
less than Five hundred thousand pesos (₱500,000.00) nor more
than One million pesos (₱1,000,000.00) shall be imposed if
illegal recruitment constitutes economic sabotage as defined
herein.
‘Provided, however, that the maximum penalty shall be
imposed if the person illegally recruited is less than eighteen
(18) years of age or committed by a non-licensee or non-holder
of authority.’
“Unlike illegal recruitment as defined under the Labor Code which is
limited to recruitment activities undertaken by non-licensees or non-holders of
authority, under Article 6 of RA 8042, illegal recruitment (for overseas
employment) may be committed not only by non-licensees or non-holders of
authority but also by licensees or holders of authority. Article 6 enumerates
thirteen acts or practices [(a) to (m)] which constitute illegal recruitment,
whether committed by any person, whether a non-licensee, non-holder,
licensee, or holder of authority. Except for the last two acts [(l) and (m)] on
the list under Article 6 of RA 8042, the first eleven acts or practices are also
listed in Article 34 of the Labor Code under the heading ‘Prohibited practices.’
Thus, under Article 34 of the Labor Code, it is unlawful for any individual,
entity, licensee, or holder of authority to engage in any of the enumerated
37
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