"x x x.
The crime of illegal recruitment is defined and penalized under
Sections 6 and 7 of RA 8042, or the Migrant Workers and Overseas
Filipinos Act of 1995, to wit:22
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 a 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, x
x x:
x x x x
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.
The persons criminally liable for the above offenses are the principals,
accomplices and accessories. In case of juridical persons, the officers
having control, management or direction of their business shall be liable.
SEC. 7. Penalties. –
(a) Any person 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
(P200,000.00) nor more than Five hundred thousand pesos
(P500,000.00).
(b) The penalty of life imprisonment and a fine of not less
than Five hundred thousand pesos (P500,000.00) nor more
than One million pesos (P1,000,000.00) shall be imposed if
illegal recruitment constitutes economic sabotage as
defined herein.
Provided, however, That the maximum penalty 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.
It is necessary that the prosecution prove the concurrence of the
following elements: (1) the offender undertakes any of the activities within
the meaning of “recruitment and placement” under Article 13 (b) of the
labor Code, or any of the prohibited practices enumerated under Article 34
of the Labor Code (now Section 6 of RA 8042) and (2) the offender has no
valid license or authority required by law to enable him to lawfully engage
in recruitment and placement of workers. In the case of illegal recruitment
in large scale, a third element is added: that the offender commits any of the
acts of recruitment and placement against three or more persons,
individually or as a group.23
x x x."
See - PEOPLE VS. SALVATIERRA, GR NO. 200884, JUNE 4, 2014.
