Senate Office of the scorpiarp TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session JAN 27 P2:04 SENATE RECEIVED BY S. No. 1706 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, OR THE LABOR CODE OF THE PHILIPPINES, AS AMENDED, AND REPUBLIC ACT NO. 8042 OR 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, Overseas Filipino Workers (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. Based on the 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. In March 2025, thirty (30) Filipinos are reported to be victims of illegal recruitment in Myanmar. Further, the Department of Migrant Workers (DMW) reported that illegal recruitment schemes online victimize more vulnerable hopefuls every day. In this respect, it is imperative for the government to revisit its campaign against illegal recruitment. 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, using 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. In view of the foregoing, the approval of this bill is earnestly sought. MARK A. VILLAR RDC
Senate Office of the societary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 26 JAN 27 P2:04 SENATE RECEIVED BY: S. No. 1706 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, OR THE LABOR CODE OF THE PHILIPPINES, AS AMENDED, AND REPUBLIC ACT NO. 8042 OR 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:
Sec. 1. Article 38 of Presidential Decree No. 442, otherwise known as the "Labor
2 Code of the Philippines," as amended, is hereby further amended to read as follows: "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. "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 NONHOLDERS 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
Workers and Overseas Filipinos Act of 1995," as amended by Republic Act No. 10022, is hereby further amended to read as follows: "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. 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 NONLICENSEES 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.
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Sec. 3. Separability Clause. - If any provision of this Act is declared invalid or
unconstitutional, the provisions not affected thereby shall continue to be in full force and effect.
Sec. 4. Repealing Clause. - All laws, executive orders, presidential decrees,
presidential proclamations, letter of instruction, rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
Sec. 5. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation. Approved,