overseas deployment including claims for actual, moral, exemplary and other forms of
damages.
The liability of the principal/employer and the recruitment/placement agency for any
and all claims under this section shall be joint and several. This provision shall be
incorporated in the contract for overseas employment and shall be a condition
precedent for its approval. The performance bond to be filed by the
recruitment/placement agency, as provided by law, shall be answerable for all money
claims or damages that may be awarded to the workers. If the recruitment/placement
agency is a juridical being, the corporate officers and directors and partners as the
case may be, shall themselves be jointly and solidarily liable with the corporation or
partnership for the aforesaid claims and damages.
…
SEC. 11. Mandatory Periods for Resolution of Illegal Recruitment Cases. – The
preliminary investigations of cases under this Act shall be terminated within a period
of thirty (30) calendar days from the date of their filing. Where the preliminary
investigation is conducted by a prosecution officer and a prima facie case is
established, the corresponding information shall be filed in court within twenty-four
(24) hours from the termination of the investigation. If the preliminary investigation
is conducted by a judge and a prima facie case is found to exist, the corresponding
information shall be filed by the proper prosecution officer within forty-eight (48)
hours from the date of receipt of the records of the case.
The respondent averred that the aforequoted provisions of Rep. Act No. 8042
violate Section 1, Article III of the Constitution.[5] According to the respondent, Section
6(g) and (i) discriminated against unskilled workers and their families and, as such,
violated the equal protection clause, as well as Article II, Section 12 [6] and Article XV,
Sections 1[7] and 3(3) of the Constitution.[8] As the law encouraged the deployment of
skilled Filipino workers, only overseas skilled workers are granted rights. The
respondent stressed that unskilled workers also have the right to seek employment
abroad. According to the respondent, the right of unskilled workers to due process is
violated because they are prevented from finding employment and earning a living
abroad. It cannot be argued that skilled workers are immune from abuses by
employers, while unskilled workers are merely prone to such abuses. It was pointed out
that both skilled and unskilled workers are subjected to abuses by foreign
employers. Furthermore, the prohibition of the deployment of unskilled workers abroad
would only encourage fly-by-night illegal recruiters.
According to the respondent, the grant of incentives to service contractors and
manning agencies to the exclusion of all other licensed and authorized recruiters is an
invalid classification. Licensed and authorized recruiters are thus deprived of their right
to property and due process and to the “equality of the person.” It is understandable for