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Republic of the Philippines / RECEIVED
HOUSE OF REPRESENTATIVES ATED 18 thee 5
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Quezon City, Metro Manila
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NINETEENTH CONGRESS,

First Regular Session , fet

House Bill No.__ 300 Lene”

INTRODUCED BY REPRESENTATIVES RALPH WENDEL P. TULFO
AND JOCELYN P. TULEO

EXPLANATORY NOTE

The Philippines is one of the top labor-exporters in the world. According to the World Bank,
remittances from Overseas Filipino Workers (“OFW") comprise 9.6% of the country’s Gross
Domestic Product in 2020. While OFWs are dubbed as our modern-day heroes, many are left
as victims of fraudulent recruiters.

In 2020, data from the Department of Labor and Employment (“DOLE”) and Bureau of
Immigration (“BI”) reported that 295 passengers were denied departure due to being tagged
as possible trafficking victims after failing to present required documents and carrying
fraudulent documents issued by illegal recruiters? In 2017, former DOLE Secretary Silvestre
Bello III issued Department Order No. 185, series of 2017, ordering the suspension of the
issuance of Overseas Employment Certificates for fifteen (15) days due to “persistent reports
of illegal recruitment activities, including direct hires — and in order to protect the public
from the pernicious activities of certain unscrupulous individuals preying on our OFWs.”

The 1987 Constitution mandates that the State shall afford full protection to labor, whether
local and overseas. Towards this goal, the Labor Code of the Philippines and The Migrant
Workers and Overseas Filipino Act of 1995, including their amendments, define and penalize
the crime of illegal recruitment committed by a syndicate, which is illegal recruitment carried
out by a group of three (3) or more persons conspiring or confederating with one another. Due
to the gravity of the offense, offenders convicted of illegal recruitment committed by a
syndicate are meted with a harsher penaity vis-a-vis simple illegal recruitment. However,
many unscrupulous recruiters escape the stiffer penalty simply by failing to prove that three
(3) persons acted in concert to commit the crime. Itis not unlikely that two (2) persons ganging
up on unsuspecting victims would do as much or even more damage than three (3) or more
illegal recruiters. As the saying goes, it only takes two to tango.

In the spirit of protecting our local and overseas workers and curbing illegal recruitment
activities, this proposed bill seeks to amend and redefine the definition of illegal recruitment

' Personal remittances, received -(% ~~ GDP), ‘The World Bank, available at
https:/ /data.worldbank.org/ indicator/BX.TRE.PWKR.DT.GD.ZS (last accessed July 26, 2022)

2 ilegal recruibnent in this pandemic, Department of Labor and Employment ~ Cordillera Administrative Region,
available at https:/ /car.dole.gov.ph/news/illegal-recruitment-in-this-pandemic
https:/ /data.worldbank.org/indicator/BX.TRE.PWKR.DT.GD.ZS(last accessed July 26, 2022)

* Article XIIL, Section 3 and Article Il, Section 18 of the 1987 Constitution,


committed by a syndicate by lowering the required number of perpetrators from three (3) to
two (2) persons.

In view of the foregoing, the urgent passing of this bill is earnestly sought,

Sill

RALPH WENDEL P. TULFO JOCELYN P.
Representative Representative
2nd District of Quezon City ACT-CIS Partylist


AuawNE

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

> 3600

House Bill No.

INTRODUCED BY REPRESENTATIVES RALPH WENDEL P. TULFO
AND JOCELYN P. TULFO

AN ACT REDEFINING THE CRIME OF ILLEGAL RECRUITMENT COMMITTED BY A

SYNDICATE, AMENDING FOR THE PURPOSE BOOK ONE, TITLE ONE, CHAPTER III,

ARTICLE 38 (B) OF PRESIDENTIAL DECREE NO. 442, AS AMENDED, OTHERWISE

KNOWN AS THE LABOR CODE OF THE PHILIPPINES, AND SECTION 6 OF REPUBLIC

ACT NO. 8042, AS AMENDED, OTHERWISE KNOWN AS THE MIGRANT WORKERS
AND OVERSEAS FILIPINOS ACT OF 1995

Be It enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

SECTION 1. Book One, Title One, Chapter Ill, Article 38 (b) of Presidential Decree No. 442,
as amended, otherwise known as the Labor Code of the Philippines, is hereby further
amended to read as follows:

Article 38, IMlegal Recruitment, ~ xxx Xxx xxx

yndicate or in large scale shal

““(b) Hlegal recruitment when committed by a s
ibotage and shall be penalized

be considered an offense involving economic
in accordance with Article 39 hereof.

“Illegal recruitment is deemed committed by a syndicate if carried out by a
group of [three-(3}} TWO (2) 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 in large scale if committed against three (3) or more
persons individually or as group.

XXX XXX XXX

SEC. 2. Section 6 of Republic Act No. 8042, as amended, otherwise known as the Migrant
Workers and Overseas Filipinos Act of 1995, 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


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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:

XXX XXX XXX

(9) To allow a non-Filipino citizen to head or manage a_ licensed

recruitment/ manning agency.

legal recruitment is deemed committed by a syndicate if carried out by [three
43) TWO (2) 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 asa group

XXX XXX XXX

SEC. 2. Implenwenting Rules and Regulations. - The Department of Labor and Employment and
Philippine Overseas Employment Administration, acting singly or jointly, shall promulgate
the implementing rules and regulations of this Act within sixty (60) days after the effectivity
of this Act.

SEC. 3. Separability Clause. - If, for any reason, any provision of this Act is declared to be
unconstitutional or invalid, the other sections or provisions hereof which are not affected
thereby shall continue to be in full force or effect.

SEC. 4. Repealing Clause. - All laws, decrees, orders, rules and regulations, or parts thereof
which are inconsistent with or contrary to the provisions of this Act are

hereby repealed, amended, or modified accordingly.

SEC. 5. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official
Gazette or in at least two (2) national newspapers of general circulation.

Approved,