8/26/2020 E-Library - Information At Your Fingertips: Printer Friendly from whom the gift should come from and for what consideration. But based from the Notice of Dismissal itself, it is expressly stated the "the governing principles behind the PTC policy ... does not take into account the intent or the origin of the gift." From this admission by the respondents alone, the subject rule should have been declared to be unreasonable and unfair.[39] (Emphasis in the original; underscoring supplied) De Leon's contention is bereft of merit. The Court's reading of the relevant rule from PTC's Code of Conduct is that it is not vague, nor is it unreasonable. The fact that it did not specify the origin of the gift or the purpose for which the gift was given did not automatically mean that the rule was vague. It simply means that this "no-gift" policy of PTC was absolute, that is, the origin or the purpose of the gift was irrelevant. In simple terms, the mere act of offering or receiving a gift constitutes a violation. The rule is likewise not unreasonable. In its Comment, PTC explained the rationale for the rule. It cites the 2003 POEA Rules and Regulations Governing the Recruitment of Seafarers (POEA Rules), the relevant portions of which state: PART V RECRUITMENT VIOLATION AND RELATED CASES RULE I LEGAL ASSISTANCE AND ENFORCEMENT MEASURES Section 1. Acts Constituting Illegal Recruitment. 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. 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 committed by any person whether or not a holder of a license or authority: a. Charging or accepting directly or indirectly any amount of money, goods or services, or any fee or bond for any purpose from an applicant seafarer; xxxx https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65291 7/12