6/5/2020
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(k) To withhold or deny travel documents from applicant workers before
departure for monetary or financial considerations other than those
authorized under the Labor Code and its implementing rules and
regulations;
(l) Failure to actually deploy without valid reason as determined by the
Department of Labor and Employment: and
(m) Failure to reimburse expenses incurred by the worker in connection with
his documentation and processing for purposes of deployment, in cases
where the deployment does not actually take place without the worker's
fault. Illegal recruitment when committed by a syndicate or in large scale
shall be considered an offense involving economic sabotage.
Illegal recruitment is deemed committed by a syndicate if carried out by a
group of three (3) or more persons conspiring or confederating with one
another. It is deemed committed in large scale if committed against
three (3) or more persons individually or as a group.
The persons liable for the above offenses are the principals, accomplices and
accessories. In case of juridical persons, the officers having control,
management or direction of their business shall be liable.
SEC. 7. Penalties. (a) Any person found guilty of illegal recruitment shall suffer the penalty of
imprisonment of not less than six (6) years and one (1) day but not more
than twelve (12) years and a fine of not less than Two hundred thousand
pesos (P200,000.00) nor more than Five hundred thousand pesos
(P500,000.00).
(b) The penalty of life imprisonment and a fine of not less than Five
hundred thousand pesos (P500,000.00) nor more than One million
pesos (P1,000,000.00) shall be imposed if illegal recruitment
constitutes economic sabotage as defined herein.
Provided, however, That the maximum penalty shall be imposed if the
person illegally recruited is less than eighteen (18) years of age or
committed by a non-licensee or non-holder of authority. (Emphases
supplied)
Unlike illegal recruitment as defined under the Labor Code which is limited to
recruitment activities undertaken by non-licensees or non-holders of authority, under
Article 6 of RA 8042, illegal recruitment (for overseas employment) may be committed
not only by non-licensees or non-holders of authority but also by licensees or holders of
authority. Article 6 enumerates thirteen acts or practices [(a) to (m)] which constitute
illegal recruitment, whether committed by any person, whether a non-licensee, nonholder, licensee or holder of authority. Except for the last two acts [(1) and (m)] on the
list under Article 6 of RA 8042, the first eleven acts or practices are also listed in
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60550
10/19