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THIRTEENTH CONGRESS OF THE REPUBLl 
First Regular Session 
OF THE PHILIPPINE 
S E N A T E  
s. No. 
7 
B 
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Introduced by Senator S. R. Osmefia 111 
EXPLANATORY NOTE 
The past three decades have seen the growth of one of the most significant 
socio-economic phenomenon in contemporary Philippine history: the overseas 
contract workers. In 1998 alone, the records of the Philippine Overseas Employment 
Administration 
(POEA) show that the Philippines deployed a total of 755,684 
overseas contract workers. 
Overseas contract work is for many Filipinos an escape from dire conditions of 
poverty and deprivation especially in the rural areas. Access to overseas work 
opportunities comes at a high cost, and oftentimes workers' families finance the cost 
by mortgaging the family home, putting off the education of some family members, 
and borrowing from loan sharks at unconscionable rates. 
The recruitment business, now flourishing with a large market often attracts 
unscrupulous persons and swindlers preying on gullible and ignorant folk. In the 
interest of public welfare, there is a need to strengthen the regulatory provisions of 
Republic Act 8042, otherwise known as the Overseas Migrant Workers' Act. 
This bill seeks to make a distinction between the practice of illegal recruitment 
with license or authority, and the practice of illegal recruitment without license or 
authority. The latter should carry heavier penalties compared to the former. 
The deterrent against recruiters conducting business without license or 
authority should induce recruiters to come under the supervision and regulation of the 
POEA for the protection of would-be migrant workers. 
In view of the foregoing, early passage of this bill is earnestly requested 
SERGIO OSMENA Ill 
Senator 


THIRTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
1 
E N A T  
S. No. 
Introduced by Senator S. R. OsmeAa 111 
AN ACT 
INCREASING THE PENALTY FOR ILLEGAL RECRUITMENT COMMITTED BY 
ANY PERSON WITHOUT LICENSE OR AUTHORITY, AMENDING TITLE II, 
ARTICLE 7 OF THE REPUBLIC ACT NO. 8042, OTHERWISE KNOWN AS THE 
OVERSEAS MIGRANT WORKERS' ACT AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Republic of the 
Philippines in Congress assembled: 
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SECTION 1. Title II, Article 7, Republic Act No. 8042, otherwise known 
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:"Sec. 7. Penalties. - 
as the Overseas Migrant Workers' Act is hereby amended to read as follows: 
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(a) Any person WITH A LICENSE OR AUTHORITY found guilty of 
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illegal recruitment shall suffer the penalty of imprisonment of 
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not less than six (6) years and one (1) day but not more than 
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twelve (12) years and a fine of not less than Two Hundred 
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Thousand Pesos (P200,OOO.OO) nor more than Five Hundred 
Thousand Pesos (P500,OOO.OO). CONVICTION SHALL CAUSE 
AND CARRY THE AUTOMATIC REVOCATION OF THE 
LICENSE OR AUTHORITY AND ALL PERMITS AND 
PRIVILEGES GRANTED TO SUCH PERSON OR ENTITY. 
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(b) ANY PERSON WITHOUT LICENSE OR AUTHORITY FOUND 
GUILTY OF ILLEGAL RECRUITMENT SHALL SUFFER THE 


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PENALTY OF IMPRISONMENT OR NOT LESS THAN 
TWELVE (12) YEARS AND A FINE OR NOT LESST THAN 
FIVE HUNDRED THOUSAND PESOS (P500,000.00) NOR 
MORE THAN FIVE MILLION PESOS (P5,000,000.00) 
[b] (c) The penalty of life imprisonment and a fine of not less five 
hundred thousand pesos (P500,OOO.OO) nor more than One Million 
Pesos (PI ,000,000.00) shall be imposed if illegal recruitment 
constitutes economic sabotage as defined herein. 
PROVIDED, however, That in addition to the maximum 
penalty of imprisonment herein prescribed a fine equal to three 
times the maximum amount shall be imposed if the person illegally 
recruited is less than eighteen (18) years of age/ [ or committed by 
a non-licensee or non-holder of authority]. 
(D) IF THE OFFENDER IS A JURIDICAL ENTITY, THE PENALTY 
SHALL BE IMPOSED UPON THE PRESIDENT, GENERAL 
MANAGER AND ANY RESPONSIBLE OFFICER THEREOF. IF 
THE OFFENDER IS AN ALIEN, HE SHALL, IN ADDITION TO 
THE PENALTIES HEREIN PRESCRIBED, BE DEPORTED 
WITHOUT FURTHER PROCEEDINGS.” 
SEC. 2. 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, 
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