5/19/2021
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Here, accused-appellant was charged with Illegal Recruitment in Large Scale under
Section 6(l) and (m) of RA 8042, also known as the "Migrant Workers and Overseas
Filipinos Act of 1995."
RA 8042, Section 6 (l) and (m) states that:
SECTION 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, licensee or holder of authority:
xxxx
(l) Failure to actually deploy without valid reason as
determined by the Department of Labor and
Employment; and
(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 criminally 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.
Illegal recruitment may be undertaken by either non-license or license holders.[50]
Non-license holders are liable by the simple act of engaging in recruitment and
placement activities, while license holders may also be held liable for committing the
acts prohibited under Section 6 of RA 8042.[51]
Thus, the defense of accused-appellant that she still had a license when her
transaction, with private complainants happened is unavailing.
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