RECRUITMENT AND PLACEMENT mentioned in the basic rule in Article 13(B) will
constitute recruitment and placement even if only one
1. DEFINITION
Article 13. Definitions.
"Worker" means any member of the labor force,
whether employed or unemployed.
"Recruitment and placement" refers to any act of
canvassing, enlisting, contracting, transporting,
utilizing, hiring or procuring workers, and includes
referrals, contract services, promising or advertising for
employment, locally or abroad, whether for profit or not:
Provided, That any person or entity which, in any
manner, offers or promises for a fee, employment to
two or more persons shall be deemed engaged in
recruitment and placement.
"Private fee-charging employment agency" means
any person or entity engaged in recruitment and
placement of workers for a fee which is charged,
directly or indirectly, from the workers or employers or
both.
"License" means a document issued by the
Department of Labor authorizing a person or entity to
operate a private employment agency.
"Private recruitment entity" means any person or
association engaged in the recruitment and placement
of workers, locally or overseas, without charging,
directly or indirectly, any fee from the workers or
employers.
"Authority" means a document issued by the
Department of Labor authorizing a person or
association to engage in recruitment and placement
activities as a private recruitment entity.
"Seaman" means any person employed in a vessel
engaged in maritime navigation.
"Overseas employment" means employment of a
worker outside the Philippines.
"Emigrant" means any person, worker or otherwise,
who emigrates to a foreign country by virtue of an
immigrant visa or resident permit or its equivalent in the
country of destination.
PEOPLE VS PANIS:
Article 13(b) states that “Recruitment and placement
refers to any act of canvassing, enlisting, contracting,
transporting, hiring, or procuring workers, and includes
referrals, contract services, promising or advertising for
employment, locally or abroad, whether for profit or not:
Provided, that any person or entity which in any
manner, offers or promises for a fee employment to
two or more persons shall be deemed engaged in
recruitment and placement”. The number of persons
dealt with is not an essential ingredient in the act of
recruitment and placement of workers. Any of the acts
prospective worker is involved.
2. ILLEGAL RECRUITMENT AND PROHIBITED
PRACTICES
(Local Employment – Labor Code, Arts. 34, 38 & 39;
DO 141-14, or the “Revised Rules and Regulations
Governing Recruitment and Placement for Local
Employment,” Sec. 42; Overseas Employment – Labor
Code, Arts. 34, 38 & 39; Ra 8042, as amended by RA
10022, Secs. 6 & 7; Omnibus Rules, or the “Omnibus
Rules and Regulations Implementing the Migrant
Workers and Overseas Filipinos Act of 1995, as
amended by Republic Act No. 10022,” Rule IV, Sec. 1)
LOCAL EMPLOYMENT – LABOR CODE, ARTS. 34,
38 & 39:
Article 34. Prohibited practices. It shall be unlawful
for any individual, entity, licensee, or holder of
authority:
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, or to make a
worker pay any amount greater than that actually
received by him as a loan or advance;
To furnish or publish any false notice or information or
document in relation to recruitment or employment;
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
this Code.
To induce or attempt to induce a worker already
employed to quit his employment in order to offer him
to another unless the transfer is designed to liberate
the worker from oppressive terms and conditions of
employment;
To influence or to attempt to influence any person or
entity not to employ any worker who has not applied for
employment through his agency;
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;
To obstruct or attempt to obstruct inspection by the
Secretary of Labor or by his duly authorized
representatives;
To fail to file 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.
To substitute or alter employment contracts approved
and verified by the Department of Labor from the time
of actual signing thereof by the parties up to and
including the periods of expiration of the same without
the approval of the Secretary of Labor;
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; and
To withhold or deny travel documents from applicant
workers before departure for monetary or financial
considerations other than those authorized under this
Code and its implementing rules and regulations.
Article 38. Illegal recruitment.
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.
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 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. Illegal recruitment is deemed committed in
large scale if committed against three (3) or more
persons individually or as a group.
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.
Article 39. Penalties.
The penalty of life imprisonment and a fine of One
Hundred Thousand Pesos (P1000,000.00) shall be
imposed if illegal recruitment constitutes economic
sabotage as defined herein;
Any licensee or holder of authority found violating or
causing another to violate any provision of this Title or
its implementing rules and regulations shall, upon
conviction thereof, suffer the penalty of imprisonment
of not less than two years nor more than five years or a
fine of not less than P10,000 nor more than P50,000,
or both such imprisonment and fine, at the discretion of
the court;
Any person who is neither a licensee nor a holder of
authority under this Title found violating any provision
thereof or its implementing rules and regulations shall,
upon conviction thereof, suffer the penalty of
imprisonment of not less than four years nor more than
eight years or a fine of not less than P20,000 nor more
than P100,000 or both such imprisonment and fine, at
the discretion of the court;
If the offender is a corporation, partnership, association
or entity, the penalty shall be imposed upon the officer
or officers of the corporation, partnership, association
or entity responsible for violation; and if such officer is
an alien, he shall, in addition to the penalties herein
prescribed, be deported without further proceedings;
In every case, conviction shall cause and carry the
automatic revocation of the license or authority and all
the permits and privileges granted to such person or
entity under this Title, and the forfeiture of the cash and
surety bonds in favor of the Overseas Employment
Development Board or the National Seamen Board, as
the case may be, both of which are authorized to use
the same exclusively to promote their objectives.
RA 8042, AS AMENDED BY RA 10022, SECS. 6 & 7
Sec. 6. DEFINITIONS. - For purposes of this Act,
illegal recruitment shall mean any act of canvassing,
enlisting, contracting, transporting, utilizing, hiring,
procuring workers and includes referring, contact
services, promising or advertising for employment
abroad, whether for profit or not, when undertaken by a
non-license 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 such non-license 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 persons,
whether a non-licensee, non-holder, licensee or holder
of authority.
(a) To charge or accept directly or indirectly any
amount greater than the 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;
(b) To furnish or publish any false notice or information
or document in relation to recruitment or employment;
(c) 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;
(d) 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;
(e) To influence or attempt to influence any persons or
entity not to employ any worker who has not applied for
employment through his agency;
(f) To engage in the recruitment of placement of
workers in jobs harmful to public health or morality or to
dignity of the Republic of the Philippines;
(g) To obstruct or attempt to obstruct inspection by the
Secretary of Labor and Employment or by his duly
authorized representative;
(h) To fail to submit reports on the status of
employment, placement vacancies, remittances of
foreign exchange earnings, separations from jobs,
departures and such other matters or information as
may be required by the Secretary of Labor and
Employment;
(i) 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;
(j) 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 on indirectly in the management of a
travel agency;
(k) 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;
(l) Failure to actually deploy without valid reasons as
determined by the Department of Labor and
Employment; and
(m) Failure to reimburse expenses incurred by the
workers 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 as
offense involving economic sabotage.
Illegal recruitment is deemed committed by a syndicate
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 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.
Omnibus Rules, or the “Omnibus Rules and
Regulations Implementing the Migrant Workers and
Overseas Filipinos Act of 1995, as amended by
Republic Act No. 10022,” Rule IV, Sec. 1
Section 1. Disqualification.
The following personnel shall be prohibited from
engaging directly or indirectly in the business of
recruitment of migrant workers:
(a) Any official or employee of the DOLE, POEA,
OWWA, DFA, DOJ, DOH, BI, IC, NLRC, TESDA, CFO,
NBI, Philippine National Police (PNP), Manila
International Airport Authority (MIAA), Civil Aviation
Authority of the Philippines (CAAP), and other
government agencies involved in the implementation of
the Act, regardless of the status of his/her employment;
and
(b) Any of his/her relatives within the fourth civil degree
of consanguinity or affinity.
Any government official or employee found to be
violating this section shall be charged administratively,
according to Civil Service Rules and Regulations
without prejudice to criminal prosecution.
The government agency concerned shall monitor and
initiate, upon its initiative or upon the petition of any
private individual, action against erring officials and
employees, and/or their relatives.
PEOPLE V. TOLENTINO:
Unlike illegal recruitment as defined under the Labor
Code which is limited to recruitment activities
undertaken by non-licensees or non-holders of
authority, under Article 6 of RA 8042, illegal recruitment
(for overseas employment) may be committed not only
by non-licensees or non-holders of authority but also
by licensees or holders of authority. Article 6
enumerates thirteen acts or practices [(a) to (m)] which
constitute illegal recruitment, whether committed by
any person, whether a non-licensee, non-holder,
licensee or holder of authority. Except for the last two
acts [(l) and (m)] on the list under Article 6 of RA8042,
the first eleven acts or practices are also listed in
Article 3414 of the Labor Code under the heading
"Prohibited practices." Thus, under Article 34 of the
Labor Code, it is unlawful for any individual, entity,
licensee or holder of authority to engage in any of the
enumerated prohibited practices, but such acts or
practices do not constitute illegal recruitment when
undertaken by a licensee or holder of authority.
However, under Article 38(A) of the Labor Code, when
a non-licensee or non-holder of authority undertakes
such "prohibited practices," he or she is liable for illegal
recruitment. RA 8042 broadened the definition of illegal
recruitment for overseas employment by including
thirteen acts or practices which now constitute as
illegal recruitment, whether committed by a non-
licensee, non-holder, licensee or holder of authority.
2.1. DEFINITION (Labor Code, Art. 38[a]; DO 141-14,
Sec. 42; RA 8042, as amended, Sec. 6;
Omnibus Rules, Rule IV, Sec. 1) – ANDUN NA DIN
SA NUMBER 2 MGA SECTIONS NA TINUTUKOY
DITO!
PEOPLE V. DELA CRUZ:
The crime of illegal recruitment is defined and
penalized under Sections 6 and 7 of Republic Act
(R.A.) No. 8042, or the Migrant Workers and Overseas
Filipinos Act of 1995,40 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 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 xx:
xxxx
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.
Thus, in order to hold a person liable for illegal
recruitment, the following elements must concur: (1)
the offender undertakes any of the activities within the
meaning of "recruitment and placement" under Article l
3(b) of the Labor Code, or any of the prohibited
practices enumerated under Article 34 of the Labor
Code (now Section 6 of Republic Act No. 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, as in this case, a third
element is required: that the offender commits any of
the acts of recruitment and placement against three or
more persons, individually or as a group.
PEOPLE V SISON:
Illegal Recruitment by a Syndicate - Economic
Sabotage
Under Article 13(b) of Presidential Decree No. 442, as
amended, also known as the Labor Code of the
Philippines, recruitment and placement refers to "any
act of canvassing, enlisting, contracting, transporting,
utilizing, hiring, or procuring workers, and includes
referrals, contact services, promising or advertising for
employment, locally or abroad, whether for profit or not:
Provided, That any person or entity which, in any
manner, offers or promises for a fee employment to
two or more persons shall be deemed engaged in
recruitment and placement."
Illegal recruitment, on the other hand, is defined in
Article 38:
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.
xxxx
RA 8042 or the Migrant Workers and Overseas
Filipinos Act of 1995, approved on 7 June 1995, further
strengthened the protection extended to those seeking
overseas employment. Section 6, in particular,
extended the activities covered under the term illegal
recruitment:
Simply put, illegal recruitment is "committed by persons
who, without authority from the government, give the
impression that they have the power to send workers
abroad for employment purposes."40
2.2. ELEMENTS
5.2.1. Simple illegal recruitment
▪ People v. Dela Cruz, G.R. No. 214500, June 28,
2017
 Thus, in order to hold a person liable for illegal
recruitment, the following elements must
concur: (1) the offender undertakes any of the
activities within the meaning of "recruitment and
placement" under Article 38(b) of the Labor
Code, or any of the prohibited practices
enumerated under Article 34 of the Labor Code
(now Section 6 of Republic Act No. 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, as in this case, a third element is
required: that the offender commits any of the
acts of recruitment and placement against three
or more persons, individually or as a group.
5.2.2. Illegal recruitment committed by a syndicate
▪ People v. Lalli, G.R. No. 195419, Oct. 12, 2011
 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.
 Court enumerated the elements of syndicated
illegal recruitment, to wit:
1. the offender undertakes either any
activity within the meaning of
"recruitment and placement" defined
under Article 13(b), or any of the
prohibited practices enumerated under
Art. 34 of the Labor Code;
2. he has no valid license or authority
required by law to enable one to lawfully
engage in recruitment and placement of
workers; and
3. the illegal recruitment is committed by a
group of three (3) or more persons
conspiring or confederating with one
another.
5.2.3. Illegal recruitment committed in large scale
▪ People v. Dela Cruz, G.R. No. 214500, June 28,
2017
 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.
2.3. TYPES OF ILLEGAL RECRUITMENT
5.3.1. Simple illegal recruitment
▪ People v. Dela Cruz, G.R. No. 214500, June 28,
2017
 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.
5.3.2. Illegal recruitment constituting economic
sabotage – (a) Illegal recruitment committed by a
syndicate, and (b) illegal recruitment committed in
large scale (Labor Code, Art. 38[b]; RA 8042, as
amended, Sec. 6; Omnibus Rules, Rule IV, Sec. 1)
▪ People v. Sison, G.R. No. 187160, Aug. 9, 2017
 Under RA 8042, a non-licensee or non-holder
of authority commits illegal recruitment for
overseas employment in two ways: (1) by 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; or
(2) by undertaking any of the acts enumerated
under Section 6 of RA 8042.
(a) To charge or accept directly or
indirectly any amount greater than the
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;
(b) To furnish or publish any false notice
or information or document in relation to
recruitment or employment;
(c) 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;
(d) 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;
(e) To influence or attempt to influence
any persons or entity not to employ any
worker who has not applied for
employment through his agency;
(f) To engage in the recruitment of
placement of workers in jobs harmful to
public health or morality or to dignity of
the Republic of the Philippines;
 (g) To obstruct or attempt to obstruct
inspection by the Secretary of Labor and
Employment or by his duly authorized
representative;
(h) To fail to submit reports on the status
of employment, placement vacancies,
remittances of foreign exchange
earnings, separations from jobs,
departures and such other matters or
information as may be required by the
Secretary of Labor and Employment;
(i) 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;
(j) 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
on indirectly in the management of a
travel agency;
(k) 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;
(l) Failure to actually deploy without
valid reasons as determined by the
Department of Labor and Employment;
and
(m) Failure to reimburse expenses
incurred by the workers 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 as offense involving
economic sabotage.
2.4 ILLEGAL RECRUITMENT VS ESTAFA
PEOPLE VS DELA CRUZ JUNE 28, 2017
Appellant was charged with illegal recruitment in large
scale and three (3) counts of estafa under Article 315,
paragraph 2(a) of the Revised Penal Code.
The crime of illegal recruitment is defined and
penalized under Sections 6 and 7 of Republic Act
(R.A.) No. 8042, or the Migrant Workers and Overseas
Filipinos Act of 1995, 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 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,
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.
Thus, in order to hold a person liable for illegal
recruitment, the following elements must concur:
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 Republic Act No. 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, as in this case, a third element is
required: that the offender commits any of the
acts of recruitment and placement against three
or more persons, individually or as a group.
It is well-established in jurisprudence that a person
may be charged and convicted for both illegal
recruitment and estafa. The reason therefor is not hard
to discern: illegal recruitment is malum prohibitum,
while estafa is mala in se. In the first, the criminal intent
of the accused is not necessary for conviction. In the
second, such intent is imperative. Estafa under Article
315, paragraph 2(a) of the Revised Penal Code is
committed by any person who defrauds another by
using fictitious name, or falsely pretends to possess
power, influence, qualifications, property, credit,
agency, business or imaginary transactions, or by
means of similar deceits executed prior to or
simultaneously with the commission of fraud.
The elements of estafa by means of deceit are the
following:
 1. that there must be a false pretense or
fraudulent representation as to his power,
influence, qualifications, property, credit,
agency, business or imaginary transactions;
2. that such false pretense or fraudulent
representation was made or executed prior to
or simultaneously with the commission of the
fraud;
3. that the offended party relied on the false
pretense, fraudulent act, or fraudulent means
and was induced to part with his money or
property; and
4. that, as a result thereof, the offended party
suffered damage.
PENALTY FOR ILLEGAL RECRUITMENT
The crime of illegal recruitment is penalized under
Sections 6 and 7 of RA 8042, or the Migrant Workers
and Overseas Filipinos Act of 1995, to wit:
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.
As the crime was committed in large scale, it is an
offense involving economic sabotage and is punishable
by life imprisonment and a fine of not less than
P500,000.00 nor more than P1,000,000.00. The trial
court, thus, aptly imposed the penalty of life
imprisonment and a fine of P500,000.00.
PENALTY FOR ESTAFA
The prescribed penalty for estafa under Article 315 of
the RPC, is prision correccional maximum to prision
mayor minimum, if the amount of the fraud is over
P12,000.00 but does not exceed P22,000.00. If the
amount exceeds P22,000.00, the penalty shall be
imposed in its maximum period, adding one year for
each additional P10,000.00, provided that the total
penalty shall not exceed twenty (20) years.
Since the amount defrauded exceeded P22,000.00, the
penalty shall be imposed in its maximum period which
is six (6) years, eight (8) months and twenty-one (21)
days to eight (8) years.
Applying the Indeterminate Sentence Law, the
minimum term shall be within the range of the penalty
next lower to that prescribed by the RPC, or anywhere
within prision correccional in its minimum and medium
periods or six (6) months and one (1) day to four (4)
years and two (2) months. Thus, in this case, the
minimum term to be imposed should be four (4) years
and two (2) months of prision correccional.
The maximum term, on the other hand, shall be that
which could be properly imposed under the rules of the
RPC, which in this case shall be six (6) years, eight (8)
months and twenty-one (21) days to eight (8) years.
The incremental penalty shall be added to the
maximum period of the prescribed penalty, which is
anywhere between six (6) years, eight (8) months and
twenty-one (21) days to eight (8) years.
3. LIABILITY OF LOCAL RECRUITMENT AGENCY
AND FOREIGN EMPLOYER
3.1 Criminal / Civil Liabilities ( RA 8042)
PEOPLE VS. VELASCO
The several accused in illegal recruitment committed in
large scale against whom the State establishes a
conspiracy are each equally criminally and civilly liable.
It follows, therefore, that as far as civil liability is
concerned each is solidarily liable to the victims of the
illegal recruitment for the reimbursement of the sums
collected from them, regardless of the extent of the
participation of the accused in the illegal recruitment.
The essential elements of illegal recruitment committed
in large scale are: (1) that the accused engaged in acts
of recruitment and placement of workers as defined
under Article 13(b) of the Labor Code, or in any
prohibited activities under Article 34 of the same Code;
(2) that the accused had not complied with the
guidelines issued by the Secretary of Labor and
Employment with respect to the requirement to secure
a license or authority to recruit and deploy workers;
and (3) that the accused committed the unlawful acts
against 3 or more persons. In simplest terms, illegal
recruitment is committed by persons who, without
authority from the government, give the impression that
they have the power to send workers abroad for
employment purposes. In Our view, despite Inovero’s
protestations that she did not commit illegal
recruitment, the following circumstances contrarily
convince Us that she was into illegal recruitment.
Civil liability includes restitution, reparation of the
damage caused, and indemnification for consequential
damages.16 To enforce the civil liability, the Rules of
Court has deemed to be instituted with the criminal
action the civil action for the recovery of civil liability
arising from the offense charged unless the offended
party waives the civil action, or reserves the right to
institute the civil action separately, or institutes the civil
action prior to the criminal action.17 Considering that
the crime of illegal recruitment, when it involves the
transfer of funds from the victims to the accused, is
inherently in fraud of the former, civil liability should
include the return of the amounts paid as placement,
training and processing fees.18 Hence, Inovero and her
co-accused were liable to indemnify the complainants
for all the sums paid.
What was the extent of Inovero’s civil liability?
The nature of the obligation of the co-conspirators in
the commission of the crime requires solidarity, and
each debtor may be compelled to pay the entire
obligation.21 As a co-conspirator, then, Inovero’s civil
liability was similar to that of a joint tortfeasor under the
rules of the civil law. Joint tort feasors are those who
command, instigate, promote, encourage, advise,
countenance, cooperate in, aid or abet the commission
of a tort, or who approve of it after it is done, if done for
their benefit.22 They are also referred to as those who
act together in committing wrong or whose acts, if
independent of each other, unite in causing a single
injury.23 Under Article 2194 of the Civil Code, joint
tortfeasors are solidarily liable for the resulting
damage. In other words, joint tortfeasors are each
liable as principals, to the same extent and in the same
manner as if they had performed the wrongful act
themselves. As regards the extent of their respective
liabilities, the Court expressed in Far Eastern Shipping
Company v. Court of Appeals
It is not amiss to stress that both the RTC and the CA
disregarded their express mandate under Section 2,
Rule 120 of the Rules of Court to have the judgment, if
it was of conviction, state: "
(1) the legal qualification of the offense constituted by
the acts committed by the accused and the aggravating
or mitigating circumstances which attended its
commission;
(2) the participation of the accused in the offense,
whether as principal, accomplice, or accessory after
the fact;
(3) the penalty imposed upon the accused; and
(4) the civil liability or damages caused by his
wrongful act or omission to be recovered from the
accused by the offended party, if there is any,
unless the enforcement of the civil liability by a
separate civil action has been reserved or waived."
The 4th shall not be omitted in any criminal cases
because the Supreme Court also pointedly remind all
trial and appellate courts to avoid omitting reliefs that
the parties are properly entitled to by law or in equity
under the established facts.
3.2 ADMINISTRATIVE LIABILITY ( RA 8042)
Joint and solidary liability is meant to assure aggrieved
workers of immediate and sufficient payment of what is
due them. The fact that petitioner and its principal have
already terminated their agency agreement does not
relieve the former of its liability. The reason for this
ruling was given by this Court in Catan vs. National
Labor Relations Commission, which we reproduce in
part as follows:
This must be so, because the obligations covenanted
in the [manning] agreement between the local agent
and its foreign principal are not coterminous with the
term of such agreement so that if either or both of the
parties decide to end the agreement, the
responsibilities of such parties towards the contracted
employees under the agreement do not at all end, but
the same extends up to and until the expiration of the,
employment contracts of the employees recruited and
employed pursuant to the said recruitment agreement.
Otherwise, this will render nugatory the very purpose
for which the law governing the employment of workers
for foreign jobs abroad was enacted.
3.3 SOLIDARY LIABILITY OF
PRINCIPAL/EMPLOYER,
RECRUITMENT/PLACEMENT AGENCY FOR ANY
AND ALL CLAIMS
"SEC. 10. Money Claims."The liability of the
principal/employer and the recruitment/placement
agency for any and all claims under this section shall
be joint and several. This provision shall be
incorporated in the contract for overseas employment
and shall be a condition precedent for its approval. The
performance bond to de filed by the
recruitment/placement agency, as provided by law,
shall be answerable for all money claims or damages
that may be awarded to the workers. If the
recruitment/placement agency is a juridical being, the
corporate officers and directors and partners as the
case may be, shall themselves be jointly and solidarily
liable with the corporation or partnership for the
aforesaid claims and damages.
"Such liabilities shall continue during the entire period
or duration of the employment contract and shall not be
affected by any substitution, amendment or
modification made locally or in a foreign country of the
said contract.
"Any compromise/amicable settlement or voluntary
agreement on money claims inclusive of damages
under this section shall be paid within thirty (30) days
from approval of the settlement by the appropriate
authority.
3.4 LIABILITY OF CORPORATE DIRECTOR AND
OFFICERS NOT AUTOMATIC , FINDING THAT
THEY WERE REMISS IN DIRECTING THE AFFAIRS
OF THAT COMPANY NECESSARY
STO. TOMAS VS SALAC:
The liability of the principal/employer and the
recruitment/placement agency for any and all claims
under this section shall be joint and several. This
provision shall be incorporated in the contract for
overseas employment and shall be a condition
precedent for its approval. The performance bond to be
filed by the recruitment/placement agency, as provided
by law, shall be answerable for all money claims or
damages that may be awarded to the workers. If the
recruitment/placement agency is a juridical being, the
corporate officers and directors and partners as the
case may be, shall themselves be jointly and solidarily
liable with the corporation or partnership for the
aforesaid claims and damages. (Emphasis supplied)

But the Court has already held, pending adjudication of

this case, that the liability of corporate directors and
officers is not automatic. To make them jointly and
solidarily liable with their company, there must be a
finding that they were remiss in directing the affairs of
that company, such as sponsoring or tolerating the
conduct of illegal activities.19 In the case of Becmen
and White Falcon,20 while there is evidence that these
companies were at fault in not investigating the cause
of Jasmin’s death, there is no mention of any evidence
in the case against them that intervenors Gumabay, et
al., Becmen’s corporate officers and directors, were
personally involved in their company’s particular
actions or omissions in Jasmin’s case.

As a final note, R.A. 8042 is a police power measure

intended to regulate the recruitment and deployment of
OFWs. It aims to curb, if not eliminate, the injustices
and abuses suffered by numerous OFWs seeking to
work abroad. The rule is settled that every statute has
in its favor the presumption of constitutionality. The
Court cannot inquire into the wisdom or expediency of
the laws enacted by the Legislative Department.
Hence, in the absence of a clear and unmistakable
case that the statute is unconstitutional, the Court must
uphold its validity.