Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. _______ 
Introduced by HON. GUS S. TAMBUNTING 
AN ACT REDEFINING THE CRIME OF ILLEGAL RECRUITMENT COMMITTED BY A SYNDICATE, 
AMENDING FOR THE PURPOSE OF ARTICLE 38 OF PRESIDENTIAL DECREE NO. 442, 
OTHERWISE KNOWN AS THE "LABOR CODE OF THE PHILIPPINES," AS AMENDED AND 
SECTION 6 OF REPUBLIC ACT NO. 8042, OTHERWISE KNOWN AS THE "MIGRANT WORKERS 
AND OVERSEAS FILIPINOS ACT OF 1995," AS AMENDED  
EXPLANATORY NOTE 
Illegal recruitment is a great menace to our society. It is one of the most detestable crimes a Filipino can 
commit against a fellow Filipino; a crime that has brought about sufferings to thousands of poor and 
innocent victims and their families. Their victims, who dreamed of landing high-paying jobs abroad, instead 
find themselves financially and emotionally distressed. Some of them landed in jails as a consequence and 
others faced deaths in the arms and eyes of a foreign country with little to no help from their mother land. 
Filipinos are also considered to be vulnerable to. illegal international recruitment because of our fair grasp 
of the English language, ability to adapt and  understand other languages, access to internet-based 
information and our "positive  disposition" and "unassuming behavior which acquire less attention from 
police of airport authorities."1 The process of illegal recruitment is a grooming process and most  are shown 
with various attractive offers such as free plane tickets and hotel accommodations by these recruiters. Said 
offers are increased depending on the success of the drug transaction. They also leave the country 
disguised as. tourists which make it hard to distinguish who are already victimized by recruitment crimes 
and who are simply wanting to travel abroad. Although these seem to be familiar tactics, illegal recruitment 
still persists in the Philippines.  
Illegal recruitment is generally perpetrated by a syndicate, a term defined in our jurisdiction as a group of 
three or more persons forced with the intention of carrying out any or illegal transaction, enterprise or 
scheme.  
Over the years, collective efforts against illegal recruitment has been one of the major activities of several 
government offices, particularly, the Department of Labor and Employment (DOLE), the Philippine Overseas 
and Employment Administration (POEA), the Philippine National Police (PNP) and the National Bureau of 
Investigation (NBI), and the Non-Government Organizations (NGO). They work hand in hand to eradicate 
illegal recruitment activities.  
For its part, Congress enacted Republic Act No. 8042 which broadened the concept of illegal recruitment 
under the Labor Code and provided stiffer penalties, especially for those that constitute economic sabotage, 
i.e., Illegal Recruitment in Large Scale and Illegal Recruitment Committed by a Syndicate. Thus, at present,
the crime of illegal recruitment is deemed committed by a syndicate, both under Art. 38 of PD 442 or the
1 Hofilena, Chay F. Rappler. 1 May 2015. Drug syndicates use social media for recruitment. Retrieved from 
https://www.rappler.com/newsbreak/in-depth/91706-drug-syndicates-social-media-recruitment 
September 19, 2022
1:30 pm
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"Labor Code of the Philippines" and RA 8042 or the "Migrant Workers and Overseas Filipinos Act of 1995," 
if carried out by a group of three (3) or more persons conspiring or confederating with one another.  
 
While the Philippines fully meets the minimum standards for the elimination of trafficking and maintains its 
status as Tier 1, it was , reported that the government "did not vigorously investigate and prosecute officials 
allegedly involved in trafficking crimes, consistently criminally prosecute labor traffickers, or increase the 
availability of specialized protection and assistance services for child victims of sex trafficking or services 
for male victims."2 This statement urges the State to. remain vigilant given that despite all these 
government campaigns and stiffer penalties imposed, this crime continues to thrive in our country and, 
every year, hundreds of victims still fall prey to illegal recruiters. Every year, we see and read stories of 
Filipinos being maltreated and left alone in foreign lands with no recourse for help. One of them is the 
incarcerated  
 
Mary Jane Veloso who continues to be at the brink of death to this date. Last 11 October 2019, the Supreme 
Court reversed the Court of Appeals' ruling and allowed her to testify via a deposition in a local trafficking 
case against her recruiters.3 Veloso's recruiters were likewise convicted for large-scale illegal recruitment, 
not in the case of Veloso, but in a case of three other Filipina complainants—Loma Valino, Ana Marie 
Gonzales, and Jenalyn Paraiso. The recruiters were ordered to pay a fine of P2,000,000.00.4 This is perhaps 
just one of the most heart wrenching realities of some of our countrymen who fly abroad, dreaming of 
better futures for their families but instead finding themselves trapped and helpless in a foreign country.  
 
Under the present set up, persons accused of illegal recruitment by a syndicate may evade 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) as provided under R.A. No. 8042, as amended by R.A. No. 10022, by simply alleging 
that the victim failed to establish that the crime was carried out by a group of three (3) or more persons 
consp1ring or confederating with one another.  
 
Thus, this proposed bill seeks to amend the definition of syndicate by lowering the number of perpetrators 
from three to two persons to qualify the act as illegal recruitment by a syndicate. With this bill, our Overseas 
Filipino Workers (OFWs) shall have greater and mightier shield from injustice. 
 
On behalf of the people of Parañaque City’s Second District, and for the common good of the Filipino 
people, the approval of the said measure is earnestly sought. 
 
 
 
REP. GUS S. TAMBUNTING 
2nd District, Parañaque City 
 
 
 
2 Trafficking in Persons. Department of State. United States of America. June 2019. Retrieved from https://www.state.gov/wp:content/uploads/2019/06/2019-Trafficking-in-Persons-
Report.pdf 
3 Buan, Lian. Rappler. Saved at the last minute: SC allows Mary Jane Veloso to testify local case. 12 October 2019. Retrieved from https://www.rappler.com/nation/242315-supreme-court-
allows-mary-jane-veloso-testify- local-case 
4 CNN Philippines. Court convicts Mary Jane Veloso's recruiters in separate case. 30 January 2020. Retrieved from https://cnnphilippines.com/news/2020/1/30/Mary-Jane-Veloso-recruiters-
larqe-scale-illeqal-recruitment-separate-case. html?fbclid=lwAR2 0OwQX2n jGWQ8DewA57GzxV JiTwX3 85xNNblxbBo3HFblodvEfvPbA 


Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. _______ 
Introduced by HON. GUS S. TAMBUNTING 
AN ACT REDEFINING THE CRIME OF ILLEGAL RECRUITMENT COMMITTED BY A SYNDICATE, 
AMENDING FOR THE PURPOSE ARTICLE 38 OF PRESIDENTIAL DECREE NO. 442, OTHERWISE 
KNOWN AS THE "LABOR CODE OF THE PHILIPPINES," AS AMENDED AND SECTION 6 OF 
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. Department of Labor and Employment or 
any 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 carried out by a group 
of TWO (2) [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 
m 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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Sec. 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. ,142, 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 payor 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 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 TWO 
(2) [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. 
XXX 
"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. 3. Separability Clause. – 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. 
Sec. 4. Repealing Clause. – Any law, presidential decree or issuance, executive order, letter of 
instruction, administrative order, rule or regulation contrary to or is inconsistent with the provision of this 
Act is hereby repealed, modified, or amended accordingly. 
Sec. 5. Effectivity Clause. – This Act shall take effect fifteen (15) days after its publication in the Official 
Gazette or in two (2) newspapers of general circulation. 
 
Approved,