THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
S E N A T E  
Senate Bill No. 2 
INTRODUCED BY SEN. MANNY VILLAR 
EXPLANATORY NOTE 
This bill seeks to prohibit employers/recruiters to require from job 
applicants as requisite to employment, the following: 
(a) The payment of any fees for whatever purpose or reason except where 
the exaction of such fees has been authorized by the Secretary of Labor and 
Employment andlor by law; 
(b) To render any service unrelqted to the position being applied for, and 
(c) Submit unreasonable requirements. A requirement is unreasonable 
when it is illegal or immoral, or unrelated to or undeterminative of the 
acceptance of the application. 
For these reasons, passage of this bill is earnestly urged 


THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
S E N A T E  
Senate Bill No. 
INTRODUCED BY SEN. MANNY VILLAR 
AN ACT 
PROHIBITING THE EXACTION OF FEES AND UNNECESSARY SERVICES 
FROM JOB APPLICANTS 
Be, li enacted by the Senate and House of Representatives of the 
Philippines in Congress assembled: 
SECTION 1. Prohibited Acts. - It shall be unlawful for any person, natural 
or juridical, to require from job applicants, as requisite to employment, the 
following: 
(a) The payment of any fees for whatever purpose or reason except where 
the exaction of such fees has been authorized by the Secretary of Labor and 
Employment andlor by law; 
(b) To render any service unrelated to the position being applied for, and 
(c) To submit unreasonable requirement. A requirement is unreasonable 
when it is illegal or immoral, or unrelated to or undeterminative of the 
acceptance of the application. 
SECTION 2. Visitorial Power. - The Secretary of Labor and Employment 
or his duly authorized representative may, motu propio or upon complaint, 
conduct investigation of any violation of this Act and, in pursuit thereof, shall have 
access to employers'lrecruiters' records and premises at any time of the day or 
night whenever work is being undertaken therein, and the right to copy therefrom, 


or to question any employee 01 job applicant, and inquire as to any fact, condition 
or matter which may add in the enforcement of this Act 
SECTION 3. Enforcement Power. - The Secretary of Labor and 
Employment may order the closure or suspension of operation of any 
employerlrecruiter, or any branch thereof, when after due investigation, it is found 
that a prima facie case exists for the violation of this law. Within seventy-two (72) 
hours, a hearing shall be conducted to determine whether the order for closure or 
suspension shall be lifted or not. 
No inferior court or entity shall issue temporary or permanent restraining 
order or otherwise assume jurisdiction over any case involving the enforcement 
or orders issued in accordance with this section. 
SECTION 4. Rules and Regulations. - Subject to the provisions of Section 
40 of Republic Act No. 3042, otherwise known as the “Migrant Workers and 
Overseas Filipinos Act of 1995, the Secretary of Labor and Employment, shall 
promulgate such rules and regulations insofar as local employment is concerned 
to implement the provisions of this Act and may require employerslrecruiters to 
keep and maintain records in aid of his visitorial enforcement powers. 
SECTION 5. Prosecution. - Except when the acts complained of refer to 
overseas employment where the undersecretary for migrant workers of the 
Department of Foreign Affairs shall be responsible for prosecution of offenders 
thereof, the Secretary of Labor and Employment or his duly authorized 
representative shall assist complaints in the prosecution of violators of this Act in 
local employment before courts of justice for the purpose of imposing the penal 
provision thereof. 
SECTION 6. Penal Provision. - Any violation of this Act on local 
employment shall be punishable by arrest0 mayor, and any violation thereof on 
overseas employment shall be punishable in accordance with Section 7 of 
Republic Act No. 8042. Provided, That where the violator is a juridical entity, the 


officers or employers who knowingly violated this Act shall be held personally 
liable. 
Prosecution under this Act shall not exempt the violator from prosecution 
under the Revised Penal Code for the same violation. 
SECTION 7. Separability Clause. - Any section or provision hereof 
declared invalid or unconstitutional by a court of competent jurisdiction shall not 
affect the validity or effe'ctivity of the remaining sections or portions of this Act. 
SECTION 8. Hfecfivify. - This Act shall take effect fifteen (15) days after 
its publication in the Official Gazette or any newspaper of general circulation. 
Approved,