NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
)
Second Regular Session 
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23 JUL 20 P2 37
SENATE 
S. No.
RITEIVLDBV:
Introduced by Senator MARK A. VILLAR
AN ACT
REDEFINING THE CRIME OF ILLEGAL RECRUITMENT COMMITTED BY A 
SYNDICATE, AMENDING FOR THE PURPOSE PRESIDENTIAL DECREE NO. 
442, OTHERWISE KNOWN AS THE LABOR CODE OF THE PHILIPPINES, AS 
AMENDED, AND REPUBLIC ACT NO. 8042, OTHERWISE KNOWN AS THE 
MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT OF 1995, AS 
AMENDED
EXPLANATORY NOTE
The Philippines takes pride as one of the top labor-exporters in the world. A 
significant component of our GDP comes from OFW remittances. For this reason, 
OFWs are dubbed as modern-day heroes as the government recognizes their sacrifices 
when they choose to leave behind their domestic life in pursuit of greener pastures 
while contributing to our country's continuing growth.
Despite their significant contribution, many OFWs become victims of fraudulent 
recruiters. According to data, between the months of January and October 2021, over 
one thousand eight hundred (1,800) cases of illegal recruitment of overseas Filipino 
workers had been reported in the Philippines. With an average of five hundred (500) 
victims per day, the government needs to revisit its campaign against illegal 
recruitment. According to the Department of Migrant Workers, illegal recruitment 
schemes online victimize more vulnerable hopefuls every day. Despite the imposition 
of a harsher penalty, illegal recruitment by a syndicate remains a plague in society. 
According to a study of the Philippine Institute for Development Studies, the 
Philippines has a low percentage rate of seventeen percent (17%) when it comes to


prosecuting cases of illegal recruitment. It is a challenge to prosecute illegal 
recruitment cases by a syndicate due to the minimum number of persons provided in 
the law.
No less than the Constitution mandates the State to give full protection to labor, 
whether local and overseas. Towards this, the Labor Code of the Philippines and the 
Migrant Workers and Overseas Filipino Act of 1995, including their amendments, 
define and penalize the crime of illegal recruitment committed by a syndicate, which 
is illegal recruitment carried out by a group of three (3) or more persons conspiring 
or confederating with one another. Such grave offense deserves a grave penalty in 
relation to simple illegal recruitment. However, many unscrupulous recruiters escape 
the stiffer penalty simply by failing to prove that three (3) persons acted in concert to 
commit a crime.
This needs to change as it is not unlikely for two (2) persons ganging up on 
unsuspecting victims would do as much or even more damage than three (3) or more 
illegal recruiters. It is also easier for two (2) persons to commit acts of illegal 
recruitment online (e.g., posting of fake job advertisements on Facebook, use of fake 
websites or email, and collecting fees for non-existing overseas work). To protect our 
local and overseas workers and curb illegal recruitment activities, there is a need to 
amend the definition of syndicated illegal recruitment. This proposed bill seeks to 
amend P.D. No. 442 and R.A. No. 8042 and redefine the definition of illegal 
recruitment committed by a syndicate by lowering the required number of perpetrators 
from three (3) to two (2) persons, and by penalizing acts of illegal recruitment done 
online or electronically by two (2) persons. This bill shall also qualify illegal recruitment 
committed by a syndicate or in a large scale as economic sabotage.
It is time we take a stand. The government needs to send a message that the 
law will catch those who will harm our modern-day heroes and this bill is a step closer 
in protecting overseas Filipino workers from illegal recruiters.
Therefore, passage of this bill is earnestly sought.
MARK A. VILLAR


NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
)
Second Regular Session 
)
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23 JUL 20 P2 37
SENATE
s. No. 2332
RECEIVED BV.
Introduced by Senator MARK A. VILLAR
AN ACT
REDEFINING THE CRIME OF ILLEGAL RECRUITMENT COMMITTED BY A 
SYNDICATE, AMENDING FOR THE PURPOSE PRESIDENTIAL DECREE NO. 
442, OTHERWISE KNOWN AS THE LABOR CODE OF THE PHILIPPINES, AS 
AMENDED, AND 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:
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Sec. 1. Article 38 of Presidential Decree No. 442, otherwise known as the
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"Labor Code of the Philippines," as amended, is hereby further amended to read as
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follows:
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"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. The 
Department of Labor and Employment or any law 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.


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"Illegal recruitment is deemed committed by a syndicate if (1) 
carried out by a group of 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[.]; (2) IF THE OFFENDERS ARE NON-LICENSEES OR NON­
HOLDERS OF AUTHORITY AND THE ACT WAS CARRIED OUT BY 
TWO (2) PERSONS; OR (3) IF CARRIED OUT BY TWO (2) 
PERSONS, WHETHER LICENSEES OR HOLDERS OF AUTHORITY 
OR NOT, CONSPIRING AND/OR CONFEDERATING WITH ONE 
ANOTHER IN CARRYING OUT ANY OF THE PROHIBITED ACTS 
ENUMERATED UNDER ARTICLE 34 HEREOF AND THE SAME WAS 
DONE BY ANY MEANS OF ELECTRONIC OR INTERNET 
COMMUNICATION.
Illegal recruitment is deemed committed in 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 non-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
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Workers and Overseas Filipinos Act of 1995," as amended by Republic Act No. 10022,
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is hereby further amended to read as follows:


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"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. 442, 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. It 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 pay or 
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 WHEN COMMITTED BY A 
SYNDICATE OR IN LARGE SCALE SHALL BE CONSIDERED AN 
OFFENSE INVOLVING ECONOMIC SABOTAGE.


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Illegal recruitment is deemed committed by a syndicate if: (1) 
carried out by a group of three (3) or more persons conspiring or 
confederating with one another; (2) IF THE OFFENDERS ARE NON­
LICENSEES OR NON-HOLDERS OF AUTHORITY AND THE ACT 
WAS CARRIED OUT BY TWO (2) PERSONS; OR (3) IF CARRIED 
OUT BY TWO (2) PERSONS, WHETHER LICENSEES AND/OR 
HOLDERS OF AUTHORITY OR NOT, CONSPIRING AND/OR 
CONFEDERATING WITH ONE ANOTHER IN CARRYING OUT ANY 
OF THE PROHIBITED ACTS ENUMERATED UNDER SECTION 6 OF 
THIS ACT AND THE SAME WAS DONE BY ANY MEANS OF 
ELECTRONIC OR INTERNET COMMUNICATION.
It is deemed committed in large scale if committed against three 
(3) or more persons individually or as a group.
XXX
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Sec. 3. Separability Clause. - If any provision of this Act is declared invalid or
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unconstitutional, the provisions not affected thereby shall continue to be in full force
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and effect.
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Sec. 4. Repealing Clause. - All laws, executive orders, presidential decrees,
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presidential proclamations, letter of instruction, rules and regulations or parts thereof
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inconsistent with the provisions of this Act are hereby repealed or modified
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accordingly.
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Sec. 5. Effectivity. - This Act shall take effect fifteen (15) days after its
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publication in the Official Gazette or in a newspaper of general circulation.
Approved,