Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. 7h

Introduced by HON. JOY MYRA S. TAMBUNTING

EXPLANATORY NOTE

Illegal recruitment is a great menace to our society. It is one of the most detestable crimes a Filipino
can commit to 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.” 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 "Labor Code of the Philippines" and RA 8042 or the "Migrant Workers

* Hofilena, Chay F. Rappler. 1 May 2015, Drug syndicates use social mela for recruitment. Retrieved from
http://www. rappler.com/newsbreak/in-depth/91706-drug-syndicates-socialmedia-recruitment


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."? 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.? 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 conspiring 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.

This proposed measure is a counterpart measure of Senate Bill 1466, originally filed by Senator Leila
De Lima during the 18 Congress.

On behalf of the people of Parafiaque City’s Second District, and for the common good of the
people, the approval of the said measure is earnestly sought.

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO, mu

Introduced by HON. JOY MYRA 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 nor-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."

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.
Tt 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,