3/30/2021
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Coates highlights what has been referred to as a "perfectly vague" act
whose obscurity is evident on its face. It is to be distinguished, however,
from legislation couched in imprecise language--but which nonetheless
specifies a standard though defectively phrased--in which case, it may be
"saved" by proper construction.
Here, the provision in question reads:
ART. 13. Definitions.--(a) x x x.
(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.
x x x.
When undertaken by non-licensees or non-holders of authority, recruitment activities
are punishable as follows:
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 non-holders of authority shall be deemed
illegal and punishable under Article 39 of this Code. The Ministry 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.
x x x.
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:
(b) Any licensee or holder of authority found violating or causing another to
violate any provision of this Title or its implementing rules and regulations,
shall upon conviction thereof, suffer the penalty of imprisonment of not less
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/49893
9/20