FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
$ENATE 
S. No. 1023 
Introduced by Senator Manuel "Lito" M. Lapid 
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, nbw 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 
Senator 


FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S. No. 1023 
Introduced by Senator Manuel "Lito" M. Lapid 
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: 
SECTION 1. 
Title II, Article 7, Republic Act No. 8042, otherwise known as 
the Overseas Migrant Workers' Act is hereby amended to read as follows: 
"Sec. 7. Penalties.-
(a) 
Any person WITH A LICENSE OR AUTHORITY found guilty of 
illegal recruitment 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 Two Hundred Thousand Pesos (Php200,000.00) nor 
more 
than 
Five 
Hundred 
Thousand 
Pesos 
(Php500,000.00). 
CONVICTION 
SHALL CAUSE AND CARRY THE AUTOMATIC 
REVOCATION OF THE LICENSE OR AUTHORITY AND ALL PERMITS 
AND PRIVILEGES GRANTED TO SUCH PERSON OR ENTITY. 
(b) 
ANY PERSON .'WITHOUT LICENSE OR AUTHORITY FOUND 
GUILTY 
OF 
ILLEGAL 
RECRUITMENT 
SHALL 
SUFFER 
THE 
PENALTY OF IMPRISONMENT OR NOT LESS THAN TWELVE (12) 
YEARS AND A FINE OR NOT LESST THAN FIVE HUNDRED 
THOUSAND PESOS (Php500,OOO.OO) NOR MORE THAN FIVE MILLION 
PESOS (Php5,OOO,OOO.OO) 
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[b] (c) The penalty of life imprisonment and a fine of not less five hundred 
thousand pesos (Php500,000.00) nor more than One Million Pesos 
(Php1,000,000.00) 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/SHE SHALL, IN ADDITION TO THE PENALTIES 
HEREIN 
PRESCRIBED, 
BE 
DEPORTED 
WITHOUT 
FURTHER 
PROCEEDINGS." 
SEC. 2. 
Separability C/fJuse. - If any provision of this Act is declared 
unconstitutional or invalid, the other provisions not affected by such declaration, shall 
remain in full force and effect. 
SEC. 3. 
Repealing Clau,se. - All laws, decrees, ordinances, rules and 
regulations, executive or administrative orders or parts thereof inconsistent with this Act 
are hereby repealed, amended or modified accordingly. 
SEC. 4. 
Effectivity. This Act shall take effect fifteen (15) days after its 
publication in the OffiCial Gazette of" in at least two (2) national newspapers of general 
circulation 
Approved, 
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