Illegal Recruitment Law
Illegal Recruitment Law
Illegal Recruitment Law
8042
Presented by Atty. Alejandre T. Diaz, Director II
AntiIllegal Recruitment Branch, POEA
Presented by:
ATTY. ALEJANDRE T. DIAZ
Director II
AntiIllegal Recruitment Branch, POEA
RECRUITMENT AND PLACEMENT
New Labor Code, (PD442)
Definition
Any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring of
workers which includes referrals, contract services, promising or advertising for
employment, locally or abroad, whether for profit or not. Any person or entity which in any
manner, offers or promises, for a fee, employment to at least one person, shall be deemed
engaged in recruitment and placement.
What is Illegal Recruitment?
(sec. 6, R.A. 8042)
For purposes of this Act, illegal recruitment shall mean any act of canvassing, enlisting,
contracting, transporting, utilizing, hiring or procuring of workers which includes referring,
contract services, promising or advertising for employment abroad, whether for profit or
not, when undertaken by a nonlicense or nonholder 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 nonlicense or nonholder who, in any
manner, offers or promises for a fee employment abroad for two or more persons shall be
deemed so engaged. It shall likewise include the following acts, whether committed by any
person, whether a nonlicensee, nonholder, licensee or holder of authority:
A. Excessive Collection of placement fee;
B. Misrepresentation in relation to recruitment or employment;
C. Misrepresentation for purposes of securing a license or authority under the Labor Code.
D. Inducement of a worker to quit his present employment for another unless the transfer
liberates a worker from oppressive terms and conditions of employment;
E. Influencing or attempting to influence any person or entity not to employ any worker
who ahs not applied for employment through his agency;
F. Engagement in recruitment or placement of workers in jobs harmful to public health or
morality or to the dignity of the Republic of the Philippines;
G. Obstruction of inspection by the Secretary of Labor and Employment or by his duly
authorized representative;
H. Failure to submit reports required by the Secretary of Labor and Employment;
I. Contractsubstitution
J. For an officer or agent of a recruitment or placement agency to engage in the business
of travel agency or in the management thereof;
K. Withholding or denying worker’s travel documents before departure for monetary or
financial consideration other than those authorized under the Labor Code and its
implementing rules and regulations;
L. Failure to actually deploy workers without valid reasons;
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Source: www.archlipa.org/commission/lacmmi June 2007
APPLICABLE LAWS ON ILLEGAL RECRUITMENT R.A. 8042
Presented by Atty. Alejandre T. Diaz, Director II
AntiIllegal Recruitment Branch, POEA
M. Failure to reimburse worker for processing and documentary expenses, in cases where
the deployment does not take without the worker’s fault.
What are the Classifications of Illegal Recruitment?
I. Simple IR – involves less than three (3) victims or recruiters
II. IR involving economic sabotage:
a. Large Scale – committed against three (3) or more persons individually or as
a group
b. Syndicated – committed by a group of three (3) or more persons conspiring
or confederating with one another.
What is the prescriptive period for prosecuting Illegal Recruitment cases? (Sec.
12, R.A. 8042
Simple IR –five (5) years
IR involving economic sabotage (Large Scale and Syndicated) – twenty (20) years
What are the penalties for Illegal Recruitment? (sec. 7, R.A. 8042)
Simple Illegal Recruitment
Imprisonment of not less than six (6) years and one day but not more than twelve
(12) years, and a FINE of not less TWO HUNDRED THOUSAND (P200,000.00) PESOS nor
more than FIVE HUNDRED THOUSAND (P500,000.00) PESOS.
Illegal Recruitment constituting economic sabotage (large scale and syndicated)
LIFE IMPRISONMENT, and FINE of not less than FIVE HUNDRED THOUSAND
(P500,000.00) PESOS nor more than ONE MILLION (P1m) PESOS.
Where can ILLEGAL RECRUITMENT Cases be Filed? (sec. 9, RA 8042)
Illegal Recruitment cases may be filed in places where:
a. the offense was committed; or
b. the offended party actually resides at the time of the commission of the offense.
SUPREME COURT DECISIONS
“REFERRAL is the act of passing along or forwarding of an applicant for employment
after an initial interview of a selected applicant for employment to a selected employer,
placement officer or bureau.” (People vs. Goce, 247 SCRA 780)
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Source: www.archlipa.org/commission/lacmmi June 2007
APPLICABLE LAWS ON ILLEGAL RECRUITMENT R.A. 8042
Presented by Atty. Alejandre T. Diaz, Director II
AntiIllegal Recruitment Branch, POEA
SUPREME COURT DECISIONS
“There is illegal recruitment when one purports to have the ability to send a worker
abroad though without authority or license to do so” (Pp vs Villas, 277 SCRA 391)
“It is the lack of necessary license or authority that renders the recruitment activity
unlawful or criminal.” (Pp vs Borromeo, 305 SCRA 180)
SUPREME COURT DECISIONS
“An illegal recruiter need not present himself to the victim as duly licensed recruiter.
It suffices that he gives an impression of his ability to enlist the complainants for
employment abroad, in order to include them to tender payment of fees.” (Pp vs.
Peralta, 283 SCRA 81)
“Lack of receipts does not mean no transaction for recruitment for overseas job was
made.” (People vs. Naparan, 225 SCRA 714)
SUPREME COURT DECISIONS
“Failure of the complainants to ask for the receipts for the fees they paid, x x x, is
not fatal to their case if they are able to duly prove by their testimonies the involvement
of the accused in the recruitment process.” (People vs. Comia, 136 SCRA 185)
REMEDIES AVAILABLE TO VICTIMS OF IR
Administrative Remedy
A. Complaint for recruitment violation – against a licensed agency and filed with
the Adjudication Office of the POEA
B. Complaint/Report requesting conduct of surveillance / entrapment and other
special operations – filed with the Antiillegal Recruitment Branch of the
Licensing and Regulation Office, POEA
C. Complaints / reports – may also filed with the DOLE regional Offices and/ or
the POEA Regional Extension Units/Centers nearest the place where the
offense was committed
REMEDIES AVAILABLE TO VICTIMS OF IR
Criminal Remedy
Complaints for Estafa and/or Illegal Recruitment against an illegal recruiter or a
responsible officer of a licensed agency may be filed with the assistance of the POEA
Antiillegal Recruitment Branch (AIRB), NBI, PNPCIDG, or directly with the
prosecutor’s office or with law enforcement agencies.
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Source: www.archlipa.org/commission/lacmmi June 2007
APPLICABLE LAWS ON ILLEGAL RECRUITMENT R.A. 8042
Presented by Atty. Alejandre T. Diaz, Director II
AntiIllegal Recruitment Branch, POEA
REPUBLIC ACT 9208
THE ANTITRAFFICKING IN PERSONS ACT OF 2003
Definition of TRAFFICKING IN PERSONS
Elements of TRAFFICKING in PERSONS
ACTS
Recruiting.
Transporting.
Transferring, or
Harboring, or
Receipt of persons with or without consent or knowledge within or across national
borders
MEANS
Threat or use of Force,
Other forms of Coercion,
Abduction,
Fraud or
Deception
Abuse of power or position,
Taking Advantage of the vulnerability of the person, or
The Giving or Receiving of payments or benefits to achieve the consent
PURPOSE
Exploitation
Prostitution of others or other forms of Sexual Exploitation,
Forced labor, or services,
Slavery,
Servitude or
Removal or sale of organs.
THREE (3) CATEGORIES OF TRAFFICKING:
a. Acts of Trafficking in Persons;
b. Acts that Promote Trafficking in Persons; and,
c. Qualified Trafficking in Persons.
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Source: www.archlipa.org/commission/lacmmi June 2007
APPLICABLE LAWS ON ILLEGAL RECRUITMENT R.A. 8042
Presented by Atty. Alejandre T. Diaz, Director II
AntiIllegal Recruitment Branch, POEA
TRAFFICKING IN PERSONS DISTINGUISHED
FROM HUMAN SMUGGLING
TRAFFICKING IN PERSONS
Usually involves coercion
Characterized by subsequent exploitation after the illegal entry of a person into a foreign
country
Considered a Human Rights issue
HUMAN SMUGGLING
Usually does not involve coercion
Characterized by facilitating, for a fee, the illegal entry of a person into foreign country
Considered a migration concern
ACTS OF TRAFFICKING IN PERSONS
a. Recruiting, transporting, transferring, harboring, providing or receiving a person by
any means, including those under the pretext of domestic or overseas employment
or training or apprenticeship for purposes of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt bondage;
b. Introducing for money or other consideration, any consideration, any Filipina to a
foreigner as a possible spouse or to offer any Filipina to a foreigner as a prostitute;
c. Offering or contracting marriage for purposes of acquiring, buying, offering, selling or
trading a person to engage in prostitution, or other acts of exploitation;
d. Undertaking or organizing tours and travel plans consisting of tourism packages for
purposes of utilizing or offering persons for prostitution, pornography or sexual
exploitation;
e. Maintaining or hiring a person to engage in prostitution or pornography;
f. Adopting or facilitating the adoption of persons for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt
bondage;
g. Recruiting, hiring, adopting, transporting or abducting a person, by means of threat
or use of force, fraud, deceit, violence or coercion.
Courtesy of LACMMI – Lipa Archdiocesan Commission on Migrants and Mission Page 5 of 5
Source: www.archlipa.org/commission/lacmmi June 2007