the clarification that the penalty imposed therefor is life imprisonment and a fine of P100,000.00
pursuant to Article 39 of the Labor Code. Except as so clarified, the appealed decision stands.
Costs against appellant.
SO ORDERED.
Bellosillo, (Chairman), Puno, Mendoza, and Buena, JJ., concur.
i[1] Art. 38. Illegal Recruitment. (a) Any recruitment activities, including the prohibited
practices enumerated under Article 34 of this Code, to be undertaken by non-licensees or nonholders of authority shall be deemed illegal and punishable under Article 39 of this Code. The
Department of Labor and Employment or any law enforcement officer may initiate complaints
under this Article.
(b) Illegal recruitment when committed by a syndicate or in large scale shall be considered an
offense involving economic sabotage and shall be penalized in accordance with Article 39
hereof.
Illegal recruitment is deemed committed by a syndicate if carried out by a group of three
(3) or more persons conspiring and/or confederating with one another in carrying out any
unlawful or illegal transaction, enterprise or scheme defined under the first paragraph hereof.
Illegal recruitment is deemed committed in large scale if committed against three (3) or more
persons individually or as a group.
xxx
xxx
x x x"
ii[2] Art. 39. Penalties. (a) The penalty of life imprisonment and a fine of One Hundred
Thousand Pesos (P100,000) shall be imposed if illegal recruitment constitutes economic
sabotage as defined herein:
xxx
xxx
x x x"
iii[3] Art. 13 Definitions. x x x
xxx
xxx
(b) Recruitment and placement refers to any act of canvassing, enlisting, contracting,
transporting, utilizing, hiring or procuring workers, and includes referrals, contract services,
promising or advertising for employment, locally or abroad, whether for profit or not: Provided,
That any person or entity which, in any manner, offers or promises for a fee employment to two
or more persons shall be deemed engaged in recruitment and placement.