Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila 
Twentieth Congress 
First Regular Session 
HOUSE BILL NO. 4266 
Introduced by Representatives Yedda Marie K. Romualdez, Andrew Julian 
K. Romualdez and Jude A. Acidre
AN ACT 
REDEFINING 
THE 
CRIME 
OF 
ILLEGAL 
RECRUITMENT 
COMMITTED BY A SYNDICATE, AMENDING FOR THE PURPOSE 
PRESIDENTIAL DECREE NO. 442, OTHERWISE KNOWN AS THE 
LABOR CODE OF THE PHILIPPINES, AS AMENDED, AND REPUBLIC 
ACT NO. 8042, OTHERWISE KNOWN AS THE MIGRANT WORKERS 
AND OVERSEAS FILIPINOS ACT OF 1995, AS AMENDED 
EXPLANATORY NOTE 
Illegal recruitment has been a persistent problem among Overseas Filipino 
Workers (OFWs), often resulting in grave consequences. A notable example is 
the case of Mary Jane Veloso, whose ordeal highlighted how unscrupulous 
recruiters exploit the vulnerabilities of Filipino workers seeking employment 
abroad. Many illegal recruiters operate without proper licenses or authority, 
taking advantage of the desperation and lack of information among OFWs and 
their families. 
The 1987 Philippine Constitution enshrines the state policy to promote full 
employment and ensure equal work opportunities for all, as well as to protect the 
rights of Filipino workers both at home and abroad. This bill supports this 
mandate by strengthening measures against illegal recruitment, lowering the 
threshold for prosecution of syndicate perpetrators from three or more persons to 
two or more persons when committed by non-licensees or those without proper 
authority. This amendment eases the prosecution of illegal recruitment syndicates 
September 1, 2025
3:49 pm


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by lowering the required number of perpetrators from three or more to two or 
more individuals, making it simpler for government prosecutors to file cases. 
By curbing illegal recruitment, the bill promotes the protection, security, 
and dignity of Filipino workers, while fostering social and economic stability for 
affected families. 
This bill was originally filed by Representative Ralph Wendel P. Tulfo, 
Rep. Jocelyn P. Tulfo, Rep. Gus S. Tambunting, and Rep. Ron P. Salo in the 
Nineteenth Congress, where it was primarily referred to the Committee on 
Overseas Workers Affairs and was approved on third and final reading by the 
House of Representatives. 
In view of the foregoing, approval of this bill is earnestly requested. 
YEDDA MARIE K. ROMUALDEZ 
ANDREW JULIAN K. ROMUALDEZ 
JUDE A. ACIDRE 


Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila 
Twentieth Congress 
First Regular Session 
HOUSE BILL NO. 4266 
Introduced by Representatives Yedda Marie K. Romualdez, Andrew Julian 
K. Romualdez and Jude A. Acidre
AN ACT 
REDEFINING 
THE 
CRIME 
OF 
ILLEGAL 
RECRUITMENT 
COMMITTED BY A SYNDICATE, AMENDING FOR THE PURPOSE 
PRESIDENTIAL DECREE NO. 442, OTHERWISE KNOWN AS THE 
LABOR CODE OF THE PHILIPPINES, AS AMENDED, AND REPUBLIC 
ACT NO. 8042, OTHERWISE KNOWN AS THE MIGRANT WORKERS 
AND OVERSEAS FILIPINOS ACT OF 1995, AS AMENDED 
Be it enacted by the Senate and House of Representatives of the Philippines 
in Congress  assembled: 
SECTION 1. Article 38 of Presidential Decree No. 442, otherwise known 
as the "Labor Code of the Philippines," as amended, is hereby further amended 
to read as follows: 
"Article 38. Illegal Recruitment. - (a) Any recruitment activities, 
including the prohibited practices enumerated under Article 34 of this 
Code, to be undertaken by non- licensees or non- holders of authority, shall 
be deemed illegal and punishable under Article 39 of this Code. The 


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Department of Labor and Employment or any law enforcement officer may 
initiate complaints under this Article. 
 
"(b) Illegal recruitment when committed by a syndicate or in large 
scale shall 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 (1) 
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[.], OR (2) IF THE OFFENDERS ARE  NON-LICENSEES OR 
NON-HOLDERS OF AUTHORITY AND THE ACT WAS CARRIED 
OUT BY TWO (2) OR MORE PERSONS. 
 
Illegal recruitment is deemed committed in large scale if committed 
against three (3) or more persons individually or as group. 
 
[(c) The Secretary of Labor and Employment or his duly authorized 
representatives shall have the power to cause the arrest and detention of 
such non-licensee or non-holder of authority if after investigation it is 
determined that his activities constitute a danger to national security and 
public order or will lead to further exploitation of job-seekers. The 
Secretary shall order the search of the office or premises and seizure of 
documents, paraphernalia, properties and other implements used in illegal 
recruitment activities and the closure of companies, establishments and 
entities found to be engaged in the recruitment of workers for overseas 
employment, without having been licensed or authorized to do so.] 


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SECTION 2. Section 6 of Republic Act No. 8042, otherwise known as the 
"Migrant Workers and Overseas Filipinos Act of 1995," as amended by R.A. 
10022, is hereby further amended to read as follows: 
 
"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 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: 
 
"(a) To charge or accept directly or indirectly any amount greater 
than that specified in the schedule of allowable fees prescribed by the 
Secretary of Labor and Employment, or to make a worker pay or 
acknowledge any amount greater than that actually received by him as a 
loan or advance; 
 
XXX 
 
"(m) Failure to reimburse expenses incurred by the worker in 
connection with his documentation and processing for purposes of 


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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 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 (1) carried 
out by a group of three (3) or more persons conspiring or confederating 
with one another, OR (2) IF THE OFFENDERS ARE NON-
LICENSEES OR NON-HOLDERS OF AUTHORITY AND THE 
ACT WAS CARRIED OUT BY TWO (2) OR MORE PERSONS. It is 
deemed committed in large scale if committed against three (3) or more 
persons individually or as a group. 
 
XXX 
 
SECTION 3. If any provision or part hereof, is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected 
shall remain valid and subsisting. 
 


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SECTION 4. All laws, presidential decrees, orders, issuances, rules and 
regulations or parts thereof inconsistent with the provisions of this Act are hereby 
repealed, amended or modified accordingly. 
 
SECTION 5. This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in a newspaper of general circulation. 
 
Approved,