Republic of the Philippines
House of Representatives
Quezon City, Metro Manila
Nineteenth Congress
First Regular Session
HouseBi||No7865
Introduced by:
HON. MARISSA "DEL MAR" MAGSINO
OFW PARTYLIST
EXPLANATORY NOTE
Illegal recruitment has been the bane and scourge of Overseas Filipino Workers
(OFWs) for decades. Illegal recruiters employ various deceptive schemes to prey on the
need and desires of migrant workers lured by the promise of higher-paying jobs. Once
victimized, they are treated as illegal migrants and forced to suffer slave~like working
conditions under threat of deportation. They endure the pain of isolation and are often
subjected to all forms of abuse and maltreatment by their employers and state actors of
their host countries. In many instances, they're not even able to leave the country but
left  saddled  with  debts.  The  vulnerability  of  OFWs  to  these  pernicious  practices  is
further   aggravated   by   government   corruption   and   unholy   connivance   with   the
perpetrators.
It is the policy of the State to afford full protection to labor, local and overseas,
organized  and unorganized, and promote full  employment opportunities for all. Thus,
the protection of OFWs and the promotion of their welfare are the State's priority and
responsibility.
Currently,    Philippine    laws    against    illegal    recruitment    include    scattered
provisions found in the `Labor Code of the Philippines' (Presidential Decree No. 442), in
Republic Act No. 8042 as amended by Republic Act 10022, or the 'Migrant Workers Act',
Republic Act No,  11641  or the  `Department  of Migrant Workers  Act',  and  applicable
provisions of Republic Act No.10175, or the `Anti-Cybercrime Prevention Act of 2012',
Republic Act No.11862,  or  the  `Expanded Anti-Trafficking  Persons  Act  of 2022',  and
other special laws.
This bill seeks to consolidate all existing laws on illegal recruitment into a single
penal law to facilitate a more effective and efficient enforcement and implementation of
the law to combat the inimical practice.


Moreover,  the  development  of  information  and  communications  technologies
(ICT) has resulted to ever-increasing number of internet users and brought about new
digital products, including those aimed at migrant workers. Illegal recruiters a
uman
it their
traffickers are taking advantage of these technologies to profile, recruit and
victims offering fake job offers and promises in the absence of traditional physical and
geographical limitations. The global nature of illegal recruitment and the abuse of these
technologies  make  it  more  difficult  for  law  enforcement  authorities  to  combat  this
crime, requiring a certain level of digital expertise and cooperation across borders to
support prosecution.
To address unlawful activities, the bill aims to specifically penalize aap+ of illegal
recruitment committed by, through  and with  the use of ICT technologies  or systems,
otherwise known as `online illegal recruitment', and provide higher penalties (fines) for
greater deterrence.
Recognizing the difficulties encountered by law enforcement agencies by reason
of  the  cross-border  nature  of illegal  recruitment  in  many  cases,  particularly  those
perpetrated on)ine, which raises jurisdictiona] issues, this bill incorporates mechanisms
designed   to   expedite  the   investigation   and   prosecution   of  the   offenses  through
international coordination and cooperation, as well as confer jurisdiction to local courts
in proper cases.
Finally,  this  bill  mandates  the  Department  of  Migrant  Workers  (DMW),  the
Department  of Social  Welfare  and  Development  (DSWD),  the  Department of Foreign
Affairs    (DFA),   the    Overseas   Workers   Welfare   Administration    (OWWA),    other
appropriate government agencies, and local government units, in applicable cases, to
make available specific social services to victims of illegal recruitment and their families
as safety nets and recovery assistance.
The author wishes to recognize the valuable inputs provided by the Department
of Justice in the crafting of this proposed measure.
"-,i:`.
rmR" RAGslNO
Assistant Minority Leader


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Republic of the Philippines
House of Representatives
Quezon City,  Me.tro Manila
Nineteenth Congress
First Regular Session
HouseBiiiNo7865
Introduced by:
HON. MARISSA "I)EL MAR" MAGSIN0
0FW PARTYLIST
AN ACT
PROVIDING FOR AN ANTI-ILLEGAL RECRUITMENT LAW 0F THE PHILIPPINES AND
FOR OTHER PURPOSES, AND APPROPRIATING FUNDS THEREFOR
Be  it  enacted  by  the  Senate  and  the  House  of  Representatives  Of the  Republic  Of the
Philippines in Congress assembled:
Section 1.  Short TltJe -This Act shall be known as the `Anti-IIlegal Recruitment Act of
2023,.
Section 2. Definl.tr.on a/Terms -For purposes of this Act:
(a) AHthorJ.fy refers  to  a  document issued  by the  Department of Migrant Workers
(DMW)   authorizing  a  person  or  association  to  engage  in  recruitment  and
placement activities as a private recruitment entity;
(b) Dl.gl'toJ  or  computer drfa refers  to  any representation  of facts,  information,  or
concepts  in  a  form  suitable  for  processing  in  a  computer  system,  including a
program suitable to cause a computer system to perform a function, and includes
electronic  documents  and/or  electronic  data  messages,  traffic  data,  whether
stored in local computer systems or online;
(c)    Ethl.caJ  rgcrwitmen£  -  refers  to  the  lawful  hiring  of  workers  in  a  fair  and
transparent manner that respects and protects their dignity and human rights;
{d) Infiormation  and  communications  technologies  (ICT)  refer  to  technchogLes  or
systems intended for, and capable of, generating, sending, receiving, storing or
otherwise   processing   electronic   data   messages   or   electronic   documents,
including  computer  or  other  similar  devices  by  which  or  in  which  data  is
recorded  or stored, and any procedures  related to the recording or storage of
electronic data message or electronic document;


(e) Jnterm€f I.nfermedl.ari.es refer to persons  or entities that provide  infrastructure,
platforms,  internet sites, and  access  to,  and  host,  transmit and  index  content,
products  and  services  originated  by  third  parties  on  the  internet,  including,
among others, internet service providers, web hosting providers, domain name
registrars, internet search engines and portals, E-commerce intermediaries, and
participative network platform providers including social media intermediaries;
(f)  Jnternef sgrvJ.ce provi.der rrspj refers to a public telecommunication entity (PTE)
or value-added service OVAS) provider duly authorized by or registered with the
National  Telecommunications  Commission  (NTC)  that provides  users  or other
entities with  data  connection allowing access  to  the  internet through  physical
transport infrastructure, and such access is necessary for internet users to access
content and  services  on  the internet,  and  for  content providers  to  publish  or
distribute materials online;
(g) JnterpoJ refers to International Police Organization
(h) L].censg refers to a document issued by the DMW authorizing a person or entity to
operate a private recruitment or manning ageney;
(i)  OnJi.ne i.JJega/ recrui.menf refers to illegal recruitment committed by, through and
with the use of ICT technologies or system;
0)  Recruitmenf and p/acem€nt refer to any act of canvassing, enlisting, contracting,
transporting,  utilizing,  hiring  or  procuring  workers,  and  includes  referrals,
contract services, promising or advertising for employment, locally, or abroad,
whether  for  profit  or  not:  Provi-did,  That any  person  or  entity which,  in  any
manner, offers or promises for a fee, employment to two  (2)  or more persons
shall be deemed engaged in recruitment and placement;
(k) Recru]tment or mann]`ng aggney refers  to any person  or entity licensed by the
Secretary  of  Migrant  Workers  to  engage  in  recruitment  and  placement  of
workers for a fee which is charged, directly or indirectly, from the workers or
employers or both;
(I)  Subscri.b€r's I.n/ormatl.on refers to any information contained in the form of digital
or computer data or any other form that is held by an internet intermediary or
service  provider  relating to  subscribers  of its  services,  including  the  type  of
communication  service  used,  the  subscriber's  identity,  postal  or  geographic
address,   access   numbers,   any   assigned   network   address,   and   any   other
information available on the basis of the service agreement or arrangement;
(in)     rrqffc dcrta or non-content data refers to any computer data other than the
content    of    the    communication    including,    but    not    limited    to,    the
communication's origin, destination, route, time, date, size, duration, or type of
underlying service.


Section  3.  Illegal  Recruitment,.  Without  License  or  Authority  -A:ny  recruitment
activities  as  defined  in  this  Act when  undertaken  by non-licensees  or non-holders  of
authority, shall be deemed illegal and punishable under this Act.
Section 4.    JllegflJ Recrultmcnt - The following acts, whether committed by a non-
licensee or non-holder, licensee or holder of authority, shall also be deemed illegal and
punishable under this Act:
(a)   JJJega/ Exactl.on - To charge or accept directly or indirectly any amount greater
than that specified in the schedule of allowable fees prescribed by the Secretary
of Migrant Workers,  or to  make  a  worker  pay  or  acknowledge  any  amount
greater than that actually received by him as a loan or advance;
(b)   FaJse  Jn/ormatr.on  -  To  furnish  or  publish  any  false  notice  or  information  or
document in relation to recruitment or employment;
(c)   Fa/se Sfatemgnts - To give any false notice, testimony, information or document
or commit any act of misrepresentation for the purpose of securing a license or
authority  under,  or  for  the  purpose  of  documenting  hired  workers  with  the
DMW, which include the act of reprocessing workers through a job order that
pertains to non-existent work, work different from the actual overseas work, or
work with a different employer whether registered or not with the DMW;
(d)  PI.ratJ.ng - To induce or attempt to induce a worker already employed to quit his
employment in  order  to  offer him  another,  unless  the  transfer is  designed  to
liberate a worker from oppressive terms and conditions of employment;
(e)   /nfluencJ.ng IVof to Emp/ojJ - To influence or attempt to influence any person or
entity not to employ any worker who has not applied for employment through
his  ageney  or  who  has  formed,  joined  or  supported,  or  has  contacted  or  is
supported by any union or workers' organization;
(0    HarmflJ/ /obs - To  engage in  the recruitment or placement of workers  in jobs
harmful  to  public  health  or  morality  or  to  the  dignity  of the  Republic  of the
Philippines;
(g)   Failure  to Comply with  Rules and Regulations - To fail to submit reports on the
status  of  employment,  placement  vacancies,  remittance  of  foreign  exchange
earnings,   separation   from   jobs,   departures   and   such   other   matters   or
information as may be required by the Secretary of Migrant Workers;
(h)  A/tercm.on a/ Contrflcts -To substitute or alter to the prejudice  of the worker,
employment contracts approved and verified by the DMW from the time of actual
signing thereof by the parties up to and including the period of the expiration of
the same without the approval of the Secretary of Migrant Workers;
(i)    rravgJ Ageney Officers Recmu[.tr.ng  -  For an  officer  or agent of a recruitment  or
placement  agenry  to   become   an   officer  or  member  of  the   Board   of  any
corporation engaged in travel agency or to be engaged directly or indirectly in
the management of travel agency;
0)    WI'thhoJdr.ng  rmveJ  Documents  -  To  withhold  or  deny  travel  documents  from
applicant workers before departure for monetary or financial considerations, or
for any other reasons, other than those authorized under the Labor Code and its
implementing rules and regulations;


(k)    Unjus£J#ed  IVon-Dgp/a)Jm€n£  -  Failure  to  actually  deploy  a  contracted  worker
without valid reason as determined by the DMW;
(1)     Non-Reimbursement  Upon  Failure  to  Deplay  -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;
(in)  De/egati.on  to  an  A/I.cn  -  To  allow  a  non-Filipino  citizen  to  head  or  manage  a
licensed recruitment/manning agency;
(n)   Obstrt/ct JnspectJ.on -To obstruct or attempt to obstruct inspection and access to
records and book of accounts of persons and entities covered by this Act by the
Secretary of Labor and the Secretary of Migrant Workers; and,
Section 5.  Other Proh].bl.ted Acts - it shall also be unlawful for any person or entity to
commit any the following prohibited acts:
(1)   Grant a loan to an OFW with interest exceeding eight percent (8%) per annum,
which will be used for payment of legal and allowable placement fees and make
the   migrant   worker   issue,   either   personally   or   through   a   guarantor   or
accommodation party, postdated checks in relation to the said loan;
(2)  Impose a compulsory and exclusive arrangement whereby an OFW is required to
avail of a loan only from speciflcally designated institutions, entities or persons;
(3)  Refuse to  condone or renegotiate a loan  incurred by an OFW after the latter's
employment contract has been prematurely terminated through no fault of his or
her own;
(4) Impose a compulsory and exclusive arrangement whereby an OFW is required to
undergo  health  examinations  only from  specifically designated  medical  clinics,
institutions, entities or persons, except in the case of a seafarer whose medical
examination cost is shouldered by the principal/shipowner;
(5) Impose a compulsory and exclusive arrangement whereby an OFW is required to
undergo  training,  seminar,  instruction  or  schooling  of  any  kind  only  from
specifically     designated     institutions,     entities     or     persons,     except     for
recommendatory trainings mandated by principals/shipowners where the latter
shoulder the cost of such trainings;
(6)   For   a   suspended   recruitment/manning  agency  to   engage   in   any   kind   of
recruitment activity including the processing of pending workers'  applications;
and'
(7)   For a recruitment/manning agency or a foreign principal/employer to pass on
the OFW or deduct from his or her salary the payment of the cost of insurance
fees,  premium  or  other  insurance  related  charges,  as  provided  under  the
compulsory worker's insurance coverage.
Sechon  6.   Illegal  Recruitment as Economic Sabotage  -  [Ilegal recTuitinent when
committed  by  a  syndicate  or  in  large-scale  shall  be  considered  an  offense  involving
economic sabotage.


p.1awlqof
Illegal recruitment is deemed committed by a syndicate if carried out by a group
of three (3) or more persons conspiring or con federating with one another. It is deemed
committed in large-scale if committed against three (3) or more persons individually or
as a group.
Section 7. Power to  Regulate the  Recruitment,  Employment and  Deployment of
OFWs -  The  Secretary  of Migrant Workers  shall  have  the  authority to  regulate  the
recruitment, employment and deployment of OFWs, including the power to investigate
and prosecute illegal recruitment cases in accordance with Section 6 of Republic Act No,
11641 or the `Department of Migrant Workers Act",
Section 8.  Duties and Responsibilities Of Law Enforcement Agencies -The National
Bureau  of Investigation  (NBI), the  Philippine  National  Police  (PNP)  and the  Bureau  of
Immigration  (81)  shall  coordinate  and  cooperate  with  the  DMW for the  efficient and
effective enforcement and implementation of the provisions of this Act.
The NBI, PNP and 81 shall organize an anti-illegal recruitment unit or center to
be manned by special  investigators to exclusively handle cases involving violations of
this  Act.  Law  enforcement  agencies  shall  also  coordinate  with  Interpol  whenever
necessary through  the  Philippine  Center  for  Transnational  Crimes  Interpol  National
Central Bureau Manila (PCTC/INTERPOL NCB Manila) in the country.
Sedion  9.  Illegal  Recruitment  Committed  By,  Through  and  With  the  Use  of
Information   and   Communications   Technologies   (ICT)   -   Notwithstanding  the
provision of Section 6 of Republic Act No.  10175, otherwise known as the `Cybercrime
Prevention Act of 2012', any act of illegal recruitment if committed by, through and
with the use of ICT or `online illegal recruitment' shall be penalized under this Act.
In  the  investigation  and  prosecution  of any act committed  in  violation  of this
Section,  the  provisions  of Chapter  IV  of Republic Act  No.  10175,  when  relevant and
practicable, shall apply mzitczci.s 77"fandf.s.
Sechon 10.   Duties and Responsibilities Of Internet Intermediaries and  Internet
Servl.ce Provl.ders - Internet intermediaries and service providers shall cooperate and
assist law enforcement authorities in the collection or recording of digital or computer
data,  traffic  data,  and  subscriber  information  material  to  the  investigation  of  acts
committed in violation of this Act pursuant to the preceding Section.
Section    11.  /ui.l.sdl.ctl.oll -The Regional Trial Court shall have jurisdiction over any
violation of this Act if any of the elements was committed in the Philippines, including
any violation committed by a Filipino national regardless of the place of commission, or
when by such commission any damage is caused to a natural or juridical person who, at
the time the offense was committed, was in the Philippines,
Section 12. Obful.Ill.ng Assz.stance From Foreign Sfutes - Philippine law  enforcement
agencies, through the Department of Foreign Affairs (DFA) and the DMW, may make a
request to any foreign State, to the extent allowed by the law of the foreign State and
requirements to be  complied with, for assistance in obtaining information they need
relating to the investigation and prosecution of any violation of this Act: Provl.ded, That


when    necessary    and    relevant,    all    international    instruments    on    international
cooperation  in  criminal  matters,  arrangements  agreed  on  the  basis  of  uniform  or
reciprocal legislation, to the widest extent possible, shall be resorted to for purposes of
investigations or proceedings concerning violations of this Act : Provi.dedrfurthgr, That
the Philippines shall negotiate for the inclusion of acts of illegal recruitment as among
extraditable offenses in existing and future treaties and bilateral agreements.
Section 13. Penalties -
a)        Any person found guilty of violating sections 3 and 4 of this Act shall suffer
the penalty of imprisonment of not less than twelve (12) years and one (1) day
but not more than twenty (20) years and a fine of not less than Two  Million
Pesos (P2,000,000.00) nor more than Four Million Pesos (P4,000,000.00);
(b) The penalty of life imprisonment and a fine of not less than Four Million Pesos
(P4,000,000.00)  nor  more  than  Ten  Million  Pesos  (Plo,000,000.00)  shall  be
imposed if illegal recruitment constitutes economic sabotage as defined herein;
(c)     Any person found guilty of any of the prohibited acts in Section 5 of this Act
shall suffer the penalty of imprisonment of not less than six (6) years and one
(1)  day but not more than twelve  (12) years and a  fine of not less than One
Million     Pesos     (P1,000,000.00)     nor     more     than     Two     Million     Pesos
(P2'000,000.00);
(d)  If the  act  committed  is  in  violation  of  Section  9  of this  Act,  the  imposable
penalty shall be one (1) degree higher than those provided for in the preceding
paragraphs;
(e)  If the  person  illegally  recruited  is  less  than  eighteen  [18)  years  of age,  the
maximum penalty shall be imposed;
(f)      Any law enforcement officer or internet intermediary and  service provider
.       who  violates   or  fails  to  comply  with  any  of  their  respective  duties  and
responsibilities in reference to Section 10 of this Act shall suffer the penalty of
imprisonment of not less than four (4) years and one (1) day but not more than
six   (6)   years   and  a  fine  of  not  less  than  two  hundred  thousand  pesos
(P200,000.00) nor more than Five Hundred Thousand Pesos (P500,000.00).
The same penalty provided for in the preceding paragraph shall be imposed on any
person who connives with or permits the commission of any of the acts penalized in this
Act.
In  every  case,  conviction  shall  cause  and  carry  the  automatic  and  permanent
revocation of the license or registration of the internet intermediary or service provider,
or  the  recruitment/manning  agency,  lending  institutions,  training  school  or  medical
clinic, as the case may be.
If the offender is a public official or employee, the additional penalties of dismissal
from  the  service,   permanent  disqualification   from  holding  any  public   office   and
forfeiture of his/her benefits shall be imposed.
In every case, if the offender is a repeat or habitual offender as defined in law, the
maximum period of imposable penalty shall be imposed.


If the  offender  is  an  alien,  he  or  she  shall,  in  addition  to  the  penalties  herein
prescribed, be deported without further proceedings.
If the offender violating any of the provisions of this Act is a juridical person, the
penalty herein provided shall be imposed on its president, secretary, and/or members
of the board of directors, or any of its members and employees who may have directly
participated in the violation.
Secti\on  14.    Mandatory  Services  to  Victims  Of Illegal  Recruitment  - To  ensure
recovery, rehabilitation and reintegration into the mainstream of society, the DMW, the
Department of Social Welfare and Development (DSWD), the Overseas Workers Welfare
Administration   (OWWA),  the   Department  of  Labor  and   Employment  (DOLE),  the
Technical  Education  and  Skills  Development  Authority  (TESDA),  other  appropriate
government  agencies  and  local  government  units  shall,  in  applicable  cases,  make
available the following services to victims of illegal recruitment and their families:
(a) Emergency shelter;
(b) Counselling and medical services;
(c)  Free legal services including information on their rights, procedure for filing of
complaints, claims for compensation, and such other legal remedies available to
them;
(d) Educational assistance;
(e) Livelihood assistance; and
(D  Skills training.
Section 15. Ethl.caJ RecJ"l.tmel]t -The DMW shall develop and promulgate a Code of
Ethical Standards for Overseas Labor Recruitment for adoption by private recruitment
and manning agencies.
Section 16.  Implementing Rules and Regulations - Within sixty (60) days after the
effectivity   of  this   Act,   the   DMW,   the   DFA,   the   Department  of  Information   and
Communications   Technology   (DICT),   the   Department   of  Science   and   Technology
(DOST), the  DOJ, the  DSWD, the OWWA, the  81, the  PNP, the  NBI, the  PCTC/INTERPOL
NCB   Manila,  the  DOLE,  and  TESDA,  in  consultation  with  the  Inter-Agency  Council
Against Trafficking (IACAT), shall formulate the necessary rules and regulations for the
effective implementation of this Act.
Section 17.  funding. - The departments, agencies and LGUs charged with carrying out
the provisions of this Act shall include in their respective programs the implementation
of this Act, the funding of which shall be included in the General Appropriations Act or
in the Annual Budget Ordinance of the LGUs.
Section 18.  Li.abi.Ji.ty Under Other Laws -A prosecution under this Act shall be without
prejudice to any liability for violation of any provisions of the  Revised  Penal Code, as
amended,  Republic  Act  No.  11862  or  the  Expanded  Anti-Trafficking  Persons  Act  of
2022,  Republic Act No.  10175 or the Cybercrime Prevention Act of 2012,  Republic Act
No. 9160 or the Anti-Money Laundering Act of 2001, as amended, Republic Act No. 3019


f
or  the  Anti-Graft  and  Corrupt  Practices  Act,  Presidential  Decree  1829  or  the  Act
Penalizing  Obstruction  of Apprehension  and  Prosecution  of Criminal  Offenders,  and
other special laws.
Section 19.  Sepambl.Jfty Crduse - If for any reason, any part or provision of this Act
shall be declared or held to be unconstitutional or invalid, the other parts or provisions
hereof which are not affected thereby shall continue to be in full force and effect.
Section  20.    RepcaJing  CJaHse  -      All  republic  acts,  executive  orders,  rules  and
regulations,  and  other  issuances,  or  parts  thereof,  that  are  inconsistent  with  the
provisions of this Act are hereby repealed or modified accordingly.
Section 21.   Ejrgctr.vfty Ghause -    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.