People vs Villas : 112180 : August 15, 1997 : J. Panganiban : Third Div... 5 of 10 http://sc.judiciary.gov.ph/jurisprudence/1997/aug1997/112180.htm On the other hand, the prohibited practices referred to in the aforequoted Article 38 of the Labor Code are enumerated in Article 34 of the same Code, which reads: ART. 34. Prohibited practices. It shall be unlawful for any individual, entity, 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, 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 this Code; (d) To induce or to attempt to induce a worker already employed to quit his employment in order to offer him to another unless the transfer is designed to liberate the worker from oppressive terms and conditions of employment; (e) To influence or to 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 or 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 or by his duly authorized representatives; (h) To fail to file 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; (i) To substitute or alter employment contracts approved and verified by the Department of Labor from the time of actual signing thereof by the parties up to and including the periods of expiration of the same without the approval of the Secretary of Labor; (j) 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; and (k) To withhold or deny travel document from applicant workers before departure for monetary or financial considerations other than those authorized under this Code and its implementing rules and regulations. In several cases,[21] the Court enumerated the elements of the crime of illegal recruitment in large scale as follows: 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. In the case at bar, the Court is satisfied that all the three elements have been proven beyond 1/24/2016 11:04 PM