“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. “RA 8042, 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. 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 non-holder of authority contemplated under Article 13(f) of Presidential Decree No. 442, as amended, otherwise known as the Labor Code of the Philippines: Provided, That any such non-licensee or nonholder who, in any manner, offers or promises for a fee employment abroad for two or more persons shall be deemed so engaged. It shall likewise include the following acts, whether committed by any person, whether a non-licensee, non-holder, 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 and Employment, 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; 35

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