7/7/2021 E-Library - Information At Your Fingertips: Printer Friendly 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. To be clear, Illegal Recruitment, as defined under Article 38 of the Labor Code, encompasses illegal recruitment activities for both local and overseas employment which were undertaken by non-licensees or non-holders of authority. RA 8042, or the "Migrant Workers and Overseas Filipinos Act of 1995," as amended by RA 10022,[22] broadened the definition of Illegal Recruitment under the Labor Code, and provided stiffer penalties especially when it constitutes economic sabotage, which are either Illegal Recruitment in Large Scale, or Illegal Recruitment Committed by a Syndicate. Notably, 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. Relevant to the instant case is Section 6 of RA 8042, which provides: 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 non-holder who, in any manner, offers or promises for a fee employment abroad to 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: x x x xxxx (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; and xxxx 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. https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66798 6/12