Article 39Penalties

(a) The penalty of life imprisonment and a fine of One Hundred Thousand Pesos (P100,000.00) shall be imposed if illegal recruitment constitutes economic sabotage as defined herein; (b) Any licensee or holder of authority found violating or causing another to violate any provision of this Title or its implementing rules and regulations shall, upon conviction thereof, suffer the penalty of imprisonment of not less than two years nor more than five years or a fine of not less than P10,000 nor more than P50,000, or both such imprisonment and fine, at the discretion of the court; (c) Any person who is neither a licensee nor a holder of authority under this Title found violating any provision thereof or its implementing rules and regulations shall, upon conviction thereof, suffer the penalty of imprisonment of not less than four years nor more than eight years or a fine of not less than P20,000 nor more than P100,000 or both such imprisonment and fine, at the discretion of the court; (d) If the offender is a corporation, partnership, association or entity, the penalty shall be imposed upon the officer or officers of the corporation, partnership, association or entity responsible for violation; and if such officer is an alien, he shall, in addition to the penalties herein prescribed, be deported without further proceedings; (e) In every case, conviction shall cause and carry the automatic revocation of the license or authority and all the permits and privileges granted to such person or See Section 6 of R.A.

No. 8042, as amended. Article 38 par. (c) was declared unconstitutional by the Supreme Court in Salazar v. Achacoso, G.R. No.

81510 (1990). The penalties provided under Article 39 originally apply to both local and overseas employment. In view of the changes introduced by R.A. No. 8042, illegal recruitment involving overseas employment is now penalized under the provision of Section 7 of the said law and Article 39 now stands to cover only cases involving local employment.

Thus, for overseas employment, Section 7 of R.A. No. 8042, as amended, applies. 9 of 159 entity under this Title, and the forfeiture of the cash and surety bonds in favor of the Overseas Employment Development Board or the National Seamen Board41, as the case may be, both of which are authorized to use the same exclusively to promote their objectives. TITLE II Employment of Non-Resident Aliens