THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES ] 
Second Regular Session 
SENATE 
INTRODUCED BY HON. MANNY VILLAR 
EXPLANATORY NOTE 
The Constitution affirms labor as a primary social economic force and mandates 
the protection of the rights of workers and the promotion of their welfare. It provides 
that the State shall afford full protection of labor, local and overseas, organized and 
unorganized, and promote full employment and equality of employment opportunities for 
all. The protection of the rights of workers and the promotion of their welfare, especially 
of migrant workers and overseas Filipinos is further given flesh through R.A. No. 8042 
or the "Migrant Workers arid Overseas Filipinos Act of 1995. 
However, R.A. No. 8042 unjustly and unfairly lumps licensed recruitment and 
placement agencies along with illegal recruiters. Simple administrative acts which a 
licensed placement agency may commit or omit, like failure to submit necessary reports, 
are considered by R.A. No. 8042 as an act of illegal recruitment. 
This situation makes many legitimate placement agencies dissatisfied, having 
been relegated to the rank of unscrupulous recruiters. The unjust and sweeping 
provision of R.A. No. 8042 on illegal recruitment negates the intent of the Constitution to 
encourage private enterprises and renders nugatory the commitment to create 
economic opportunities based on freedom of initiative and self reliance as a means to 
promote social justice. 
The contribution of the OFWs is indubitably invaluable, It should not, however, 
be forgotten that such contribution by the majority of OFWs would not he possible were 
it not for the contribution of the legitimate recruitment and placement agencies in 
facilitating job generation for the OFWs. 
Hence, it is imperative for government to treat them justly and fairly and not 
categorize them along with illegal recruiters. It can only be done by addressing the 
need to review R.A, No. 8042 and redefine illegal recruitment. This bill responds to 
such need. It seeks to differentiate acts or omissions by the illegal recruiters which 
constitute the crime of illegal recruitment from the prohibited acts or omissions of 
legitimate and licensed placement or recruitment agencies. 
Approval of this bill is earnestly sought. 
n 
MANNY V I L L ~ R  
3 


THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES ] 
Second Regular Session 
i 
INTRODUCED BY HON. MANNY VILLAR 
- 
AN ACT REDEFINING ILLEGAL RECRUITMENT, AMENDING FOR THE PURPOSE 
REPUBLIC ACT NO. 8042 OTHERWISE KNOWN AS THE MIGRANT WORKERS 
AND OVERSEAS FILIPINOS ACT OF 1995 AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Congress of the 
Philippines assembled: 
SECTION 1. Short Title. This Act shall be known as the “Migrant Workers and Overseas 
Filipinos Act Amendment of 2005.” 
SECTION 2. Amendatory Provisions. - (a) The title of Article II of R.A. No, 5042 is 
hereby amended by adding the phrase “and other prohibited acts” affer the word 
“recruitment” such that the title shall read: 
“B. Illegal Recruitment AND OTHER PROHIBITED ACTS” 
(b) Sec. 6, Art. II, R.A. No. 8042 is hereby amended by: 
1. Deleting the last sentence of paragraph 1 and combining paragraphs 1, 2, and 3 into 
a new subsection to be called subsection (a) with he title “Definition of Illegal 
Recruitment;” 
2, creating a sub-section (b) to be called “Other Prohibited Acts,” Changing into 
numerals the alphabetical designation of subparagraph (a) through (m), enumerating 
the redesignated paragraphs under the newly created sub-section (b); 
3. changing redesignated paragraphs 10,12, and 13 from passive to active voice, re- 
wording redesignated paragraph 10 through the insertion of the phrase “to become” 
followed by a comma at the beginning of the paragraph, inserting a comma after the 
phrase “placement agency,” and deleting the phrase “to become” between the phrases 
“placement agency” and “an officer”, and re-wording redesignated paragraphs 12 and 


13 by inserting the phrase “to fail” at the beginning of each paragraph and deleting the 
word “failure” at the beginning of each respectively, and; 
4. Redesignating paragraph 4 as sub-section (c) to be called “Persons Criminally Liable” 
such that Sec. 6 shall read as follows: 
“Sec. 6, (a) DEFINITION OF Illegal Recruitment. - 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 a 
non-licensee or non-holder of authority contemplated under Article 130 of Presidential 
Decree 
No. 
442, 
as 
amended, 
otherwise 
known 
as 
the 
Labor 
Code of the Philippines; Provided, That any such non-license or non-holder 
of authority who, in any manner, offers or promises for a fee employment abroad to two 
or more persons shall be deemed as engaged. [It shall likewise include the following 
arts whether committed by any person, whether a non-licensee or holder of authority.] 
Illegal recruitment, when committed by a syndicate or in large scale, shall be considered 
an offense involving economic sabotage. 
Illegal recruitment is deemed committed by a syndicate if carried out by a group of 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. 
It is deemed committed against three (3) or more persons individually or as a group. 
(b) PROHIBITED ACTS, - IT SHALL BE UNLAWFUL FOR ANY PERSON, ENTITY, 
LICENSEE OR HOLDER OF AUTHORITY: 
1) 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 pay any amount greater than that 
actually received by him as a loan or advance; 
(2) to furnish or publish any false notice or information or document in relation to 
recruitment or employment; 


(3) 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 the Labor 
Code; 
(4) 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; 
(5) to influence or attempt to influence any person who has not applied for employment 
through his agency; 
(6) 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: 
(7) to obstruct or attempt to obstruct inspection by the Secretary of Labor and 
Employment or by his duly authorized representative; 
(8) 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 Labor and 
Employment; 
(9) to 
substitute or 
alter to 
the 
prejudice of 
the 
worker, 
employment 
contracts approved and verified by the Department of Labor and Employment 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 Department of Labor and 
Employment; 
(IO) TO BECOME, for an officer or agent of a recruitment or placement agency, [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 a travel agency; 
(11) to withhold or deny travel documents from applicant workers before departure for 
monetary or financial considerations other than those authorized under the Labor Code 
and its implementing rules and regulations; 


(12) TO FAIL (Failure) to actually deploy without valid reason as determined by the 
Department of Labor and Employment and; 
(13) TO Fail. 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. 
(c) PERSONS CRIMINALLY LIABLE. - The persons criminally liable for the above 
offense 
are 
the 
principals, 
accomplices 
and 
accessories. 
In 
case of juridical persons, the officers having control, management or direction of their 
business shall be liable. 
(c) Sub-section (a), Section 7, Art. 11, R.A. No. 8042 is hereby amended by inserting the 
clause “or any of the prohibited acts enumerated in the preceding section” between the 
words “recruitment “and “shall” such that paragraph (a) of Section 7 shall read as 
follows: 
“(a) Any person found guilty of illegal recruitment OR ANY OF THE PROHIBITED ACTS 
ENUMERATED IN THE PRECEDING SECTION 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 (P200, 000.00) nor 
more than Five hundred thousand pesos (P500, 000.00). 
SECTION 
3. 
Repealing Clause. - All 
laws, 
decrees, 
executive 
orders, 
proclamations, LOIS, rules and regulations, or parts thereof, which are inconsistent, 
impliedly or expressly, with the provision of this Act are hereby repealed, amended, or 
modified accordingly. 
SECTION 4. Separability Clause. If for any reason section or provision of this Act is 
declared unconstitutional or invalid, the other sections or provisions hereof which are 
not affected thereby shall continue in full force and effect. 
SECTION 5. Effectivity. - This Act shall take effect fifteen days from its publication in 
two newspapers of general circulation. 
Approved,