Article 5Labor and Agrarian Laws and Social Legislation, p. 5

LABOR LAWS AND SOCIAL LEGISLATION SPECIAL LAWS AND IMPLEMENTING RULES AND REGULATIONS

(j)

For

an

officer

or agent of a recruitment or

placement agency to become an officer or member of

the Board of any corporation engaged in travel agency or

to be engaged directly or indirectly in the management

of a travel agency;

(k)

To

withhold or deny travel documents from

applicant

workers

before departure for monetary or

financial considerations, or for any other reasons, other

than those authorized under the Labor Code and its

implementing rules and regulations;

(l) Failure to actually deploy a contracted worker

without valid reason as determined by the Department of

Labor and Employment;

(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

(n) To allow a non-Filipino citizen to head or manage

a licensed recruitment/manning agency.

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.

In addition to the acts enumerated above, it shall also

be unlawful for any person or entity to commit the

following prohibited acts:

(1) Grant a loan to an overseas Filipino worker with

interest exceeding eight percent (8%) per annum, which

will

be

used

for

payment

of

legal

and

allowable

placement fees and make the migrant worker issue,

either

personally

or

through

a

guarantor

or

accommodation party, postdated checks in relation to

the said loan;

(2) Impose a compulsory and exclusive arrangement

whereby an overseas Filipino worker is required to avail of

a loan only from specifically designated institutions,

entities or persons;

(3) Refuse to condone or renegotiate a loan incurred

by

an

overseas

Filipino

worker

after

the

latter's

employment contract has been prematurely terminated

through no fault of his or her own;

(4) Impose a compulsory and exclusive arrangement

whereby

an

overseas

Filipino

worker

is

required to

undergo

health

examinations

only

from

specifically

designated

medical

clinics,

institutions,

entities

or

persons, except in the case of a seafarer whose medical

examination

cost

is

shouldered

by

the

principal/shipowner;

(5) Impose a compulsory and exclusive arrangement

whereby

an

overseas

Filipino

worker

is

required to

undergo training, seminar, instruction or schooling of any

kind

only

from

specifically

designated

institutions,

entities or persons, except for recommendatory trainings

mandated

by

principals/shipowners

where the latter

shoulder the cost of such trainings;

(6) For a suspended recruitment/manning agency to

engage in any kind of recruitment activity including the

processing of pending workers' applications; and

(7) For a recruitment/manning agency or a foreign

principal/employer to pass on to 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 anti-illegal 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.

( As amended by RA No 10022, [March 8, 2010])

SECTION 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 not more than

twelve (12) years and a fine of not less than Five hundred

thousand pesos (P500,000.00) nor more than One million

pesos (P1,000,000.00).

If the offender is an alien, he or she shall, in addition

to the penalties herein prescribed, be deported without

further proceedings.

In every case, conviction shall cause and carry the

automatic revocation of the license or registration of the

recruitment/manning

agency,

lending

institution,

training school or medical clinic. (As amended by RA No

10022, [March 8, 2010])

SECTION 8. Prohibition on Officials and Employees .

— It shall be unlawful for any official or employee of the

Department of Labor and Employment, the Philippine

Overseas Employment Administration (POEA), or the

Overseas Workers Welfare Administration (OWWA), or the

Department of Foreign Affairs, or other government

agencies involved in the implementation of this Act, or

their

relatives

within

the

fourth

civil

degree

of

consanguinity or affinity, to engage, directly or indirectly,

in the business of recruiting migrant workers as defined

in this Act. The penalties provided in the immediate

preceding paragraph shall be imposed upon them.

SECTION 9. Venue . — A criminal action arising from

illegal recruitment as defined herein shall be filed with

the Regional Trial Court of the province or city where the

offense was committed or where the offended party

actually resides at the time of the commission of the

offense: Provided , That the court where the criminal

action

is

first

filed

shall

acquire jurisdiction to the

© Compiled By RGL

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