"(7) For a recruitment/manning agency or a foreign principal/employer
to pass on the overseas Filipino worker or deduct from his or her salary the
payment of the cost of insurance fees, premium or other insurance related
charges, as provided under the compulsory worker's insurance coverage.
"The persons criminally liable for the above offenses are the principals,
accomplices and accessories. In case of juridical persons, the officers having
ownership, control, management or direction of their business who are
responsible for the commission of the offense and the responsible
employees/agents thereof shall be liable.
"In the filing of cases for illegal recruitment or any of the prohibited
acts under this section, the Secretary of Labor and Employment, the POEA
Administrator or their duly authorized representatives, or any aggrieved
person may initiate the corresponding criminal action with the appropriate
office. For this purpose, the affidavits and testimonies of operatives or
personnel from the Department of Labor and Employment, POEA and other
law enforcement agencies who witnessed the acts constituting the offense shall
be sufficient to prosecute the accused.
"In the prosecution of offenses punishable under this section, the
public prosecutors of the Department of Justice shall collaborate with the antiillegal recruitment branch of the POEA and, in certain cases, allow the POEA
lawyers to take the lead in the prosecution. The POEA lawyers who act as
prosecutors in such cases shall be entitled to receive additional allowances as
may be determined by the POEA Administrator.
"The filing of an offense punishable under this Act shall be without
prejudice to the filing of cases punishable under other existing laws, rules or
regulations.
"SEC. 7. Penalties. –
"(a) Any person found guilty of illegal recruitment shall suffer the
penalty of imprisonment of not less than twelve (12) years and one (1) day but
not more than twenty (20) years and a fine of not less than One million pesos
(P1,000,000.00) nor more than Two million pesos (P2,000,000.00).
"(b) The penalty of life imprisonment and a fine of not less than Two
million pesos (P2,000,000.00) nor more than Five million pesos
(P5,000,000.00) shall be imposed if illegal recruitment constitutes economic
sabotage as defined therein.
"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.
"(c) Any person found guilty of any of the prohibited acts shall suffer
the penalty of imprisonment of not less than six (6) years and one (1) day but
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