6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly 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. (c) The Secretary of Labor and Employment or his duly authorized representatives shall have the power to cause the arrest and detention of such non-licensee or non-holder of authority if after investigation it is determined that his activities constitute a danger to national security and public order or will lead to further exploitation of job-seekers. The Secretary shall order the search of the office or premises and seizure of documents, paraphernalia, properties and other implements used in illegal recruitment activities and the closure of companies, establishments and entities found to be engaged in the recruitment of workers for overseas employment, without having been licensed or authorized to do so. (Emphases supplied) Illegal recruitment, as defined under Article 38 of the Labor Code, encompasses recruitment activities for both local and overseas employment. However, illegal recruitment under this article is limited to recruitment activities undertaken by nonlicensees or non-holders of authority.[10] Thus, under the Labor Code, to constitute illegal recruitment in large scale, three elements must concur: 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.[11] RA 8042,[12] otherwise known as the "Migrant Workers and Overseas Filipinos Act of 1995," established a higher standard of protection and promotion of the welfare of the migrant workers, their families and overseas Filipinos in distress. RA 8042 also broadened the concept of illegal recruitment for overseas employment and increased the penalties, especially for Illegal Recruitment in Large Scale and Illegal Recruitment Committed by a Syndicate, which are considered offenses involving economic sabotage. [13] Part II of RA 8042 defines and penalizes illegal recruitment for employment abroad, whether undertaken by a non-licensee or non-holder of authority or by a licensee or holder of authority. Section 6 of RA 8042 provides for the definition of illegal recruitment, while Section 7 enumerates the penalties therefor, thus: SEC. 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 elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60550 8/19