REPUBLIC ACT NO. 8042 As amended by Republic Act No, 10022 AN ACT-TO INSTITUTE THE POLICIES OF OVERSEAS EMPLoy yy AND ESTABLISH A HIGHER STANDARD OF PROTECTION ,yy OF THE WELFARE OF MIGRANT WORKERS THEIR FAMILIES AND OVERSEAS FILIPINOS IN DIsTREse AND FOR OTHER PURPOSES Section 1, Short Title. — This Act shall be known ang cited asthe “Migrant Workers and Overseas Filipinos Act of 1995" In People v, Dela Piedra, GR No. 121777, January 24, 2001 — invokes the equal protection clause in her defense. She points out that altho the evidence purportedly shows that Jasmine Alejandro handed out application forms and even received complainant’s payment, appellant was the only one criminally charged. Alejandro, on the other hand, remained Scot-free. Held. ‘The argument has no merit. The prosecution of one guilty person while others equally guilty are not prosecuted, however, is not, by itself, a denial of the equal Protection of the laws. Where the official action purports to be in conformi to the statutory classification, an erroneous or mistaken performance of the statutory duty, although a violation of the statute, is not without more a denial of the equal protection of the laws. The unlawful administration by officers of a statute fair on its face, resulting in its unequal application to those who are entitled to be treated alike, is not a denial of equal protection unless there is shown to be present in it an element of intentional or purposeful discrimination, This may appear on the face of the action taken with respect to a particular class or person, or it may only be shown by extrinsic evidence showing a discriminatory design over another not to be inferred from the action itself, But a discriminatory purpose is not presumed, there must be a showing of “clear and intentional discrimination” Appellant has failed to show that, in charging appellant in court, that there was “clear and intentional discrimination’ on the part of the prosecuting officials. In Nasi-Villar v. People, GR No. 176169, November 14, 2008 — There is no violation of the prohibition against ex post facto law nor a retroactive 260 Scanned with CamScannerFr cn REPUBLIC ACT NO. sow pe jeation of RA No, 8042, a8 alleged wth 08 tes, gga chee me fl a . makes it greater than c ‘committed or changes the punishment, does ie lw anne tothe eine when commited aa Penal whieh while not penal in nature, nonetheless have pa laws and laws 41 prescribing penalties for their violations rospectivel a cannot be given retroactive effect, except wie favorable ad accused. RA No. 8042 amended pertinent provisions of the Labor Code and ve a new definition of the crime of illegal recruitment and provided for its higher penalty. There is no indication in RA No. 8042 that said law, includ the penalties provided therein, would take effect retroactively. ‘ w than Section 2. Declaration of Policies. — (a) In the pursuit of an independent foreign policy and while considering national sovereignty, territorial integrity, national interest and the right to self-determination paramount in its relations with other states, the State shall, at all times, uphold the dignity of its citizens whether in country or overseas, in general, and Filipino migrant workers, in particular, continuously monitor international conventions, adopt/be signatory to and ratify those that guarantee protection to our migrant workers, and endeavor to enter into bilateral agreements with countries hosting overseas Filipino workers. (b) The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all. Towards this end, the State shall provide adequate and timely social, economic and legal services to Filipino migrant workers, (c)_ While recognizing the significant contribution of Filipino migrant workers to the national economy through their foreign exchange remittances, the State does not pro- mote overseas employment as a means to sustain economic growth and achieve national development. The existence of the overseas employment program rests solely on the assur- ance that the dignity and fundamental human rights and freedoms of the Filipino citizen shall not, at any time, be compromised or -yiolated. The State, bees ose Sar ‘onl ously create local employment opportunities and p : the equitable distribution of wealth and the benefits of devel: f opment. Scanned with CamScanner2 SPECIAL PENAL LAWS * yOLUMEL ndamental equality before Oe Tee Barisan m women ta ot weing, Recognizing the contribut. jon of overea in nation-pu dt cers and their particular vu eri, faa sk seal ply gender sensitive criteria in ie form. br rand mplernentation of policiesand oes tes ing migrant workers and the composition of the welfare of migrant workers. hi (ec) Free access to the courts and suse eae dequate legal assistance shall not be lenis any Ba ty season of poverty. In this regard, itis imperative thelas eaeaie mechanism be instituted to ensure that the i f distressed overseas Filipinos, in general, aap Se oath in particular, whether regular/ aseaeteaies irregular/undocumented, are adequately protected and safeguarded. (6) ‘The right of Filipino migrant workers and all overseas Filipinos to participate in the democratic decision. making processes of the State and to be represented in inst tutions relevant to overseas employment is recognized and guaranteed, (g) The State recognizes that the most effective tool for empowerment is the possession of skills by migrant workers, ‘The government shall provide them free and accessible skills development and enhancement programs. Pursuant to this and as soon as practicable, the government shall deploy and/ or allow the deployment only of skilled Filipino workers. (h) The State recognizes non-governmental organiza- tions, trade unions, workers associations, stakeholders and their similar entities duly recognized as legitimate, are part- ners of the Stat in the protection of Filipino migrant work- ers and in the promotion of their welfare. The State shall co- operate with them ina spirit of trust and mutual respect. The significant contribution of recruitment and manning agen- cies shall from part this partnership, Scanned with CamScannerREPUBLIC cr u NO. W042 263 Nonetheless, the de Ployment of Filip; ies aatt land-based or sea-based by sates contractors and manning Agencies craploving'th be encouraged. Appropria ying them shall them. (As amended by RA No, faves MAY be extended to 2) Section 3. Definitions, — For Purposes of this Act: be used interchangeably with migrant worker. (b) “Gender-sensitivity” ' ) ty” shall mean cognizance of inequalities and inequities prevalent in sets tae women and men and a com: i ith concern for the respective interests of the Sexes, (C) “Overseas Filipinos” refers to de z pendents of migrant workers and other Filipino nationals abroad who are in distress as mentioned in Sections 2A and 26 of this Act. amended by RA No, 10022) ae I. DEPLOYMENT Section 4, Deployment of Migrant Workers. — The State shall allow the deployment of overseas Filipino workers only in countries where the rights of Filipino migrant workers are Protected. The government recognizes any of the following as a guarantee on the part of the receiving country for the protection of the rights of overseas Filipino workers: (a) Ithas existing labor and social laws protecting the rights of workers, including migrant workers; (b) Itisa signatory to and/or a ratifier of multilateral conventions, declarations or resolutions een to the protection of workers, including migrant workers; il it or arrange- (co) Ithas concluded a bilateral agreement or ar ment with the government on the protection of the rights of ‘overseas Filipino Workers: Scanned with CamScannerSPECIAL PENAL LAWS VOLUME is taking posit; he receiving country ive, conc ioc pecteek the rights of migrant Workers in furtherance of any ofthe guarantees under subparagraph. (a), (b) and (c) hereof. ing that any of the afore. ce of a clear showing t a Pema temtse exists in the country of destination of the migrant workers, no permit for deployment shall be issued by the Philippine Overseas Employment Administra. n (POEA). ‘The members of the POEA Governing Board who actually yoted in favor of an order allowing the deployment of migrant workers without any of the aforementioned guarantees shall suffer the penalties of removal or dismissal from service with disqualification to hold any appointive Public office for five (5) years, Further, the government official or employee responsible for the issuance of the permit or for allowing the deployment of migrant workers in violation of this section and in direct contravention of an order by the POEA Governing Board prohibiting deployment shall be meted the same penalties in this section. For this purpose, the Department of Foreign Affairs, through its foreign posts, shall issue a certification to the POEA, specifying therein the pertinent provisions of the receiving country’s labor/social law, or the convention/dec- laration/resolution, or the bilateral agreement/arrangement which protect the rights of migrant workers. ‘The State shall also allow the deployment of overseas Filipino workers to vessels navigating the foreign seas or to installations located offshore or on high seas whose owners/ employers are compliant with international laws and stan- dards that protect the rights of migrant workers. ‘The State shall likewise allow the deployment of over- seas Filipino workers to companies and contractors with international operations: Provided, ‘that they are compliant with standards, conditions and requirements, as embodied in the employment contracts Prescribed by the POEA and in accordance with internationally-accepted standards, (As amended by RA No, 10022) Scanned with CamScannerPUBLIC ACT NO. 6042 Section 5, Terminar: . ‘ ination withstanding the proyig. 72" on Deployment, — Not- of the national interest so Of Secti ice the POEA Governing pn Me? Publi artment of Forei, rd, after consultati impose a ban che fi pene at any as ciel amended by RA No, 10035, SYment of migrant workers. (As Section 6. Definition, — For pu i recruitment shall mean any a a eee mation comacting, ‘transporting, Utilizing, hiring, or Procuring i and includes ing, contract ii romisi or advertising for em, cen ott ier for profit in any manner, fee employment abroad to deemed so engaged. acts, whether commi licensee, non-holder, offers or promises for a two or more persons shall be {t shall likewise include the following itted by any person, whether a non. licensee or holder of authority: (a) To charge or accept directly or indirectly any amount greater than that specified in the schedule of allow- able fees prescribed by the Secretary of Labor and Employ- ment, or to make a worker pay or acknowledge any amount greater than that actually received by him as a loan or ad- vance; (b) To furnish or publish any false notice or informa- tion or document in relation to recruitment or employment; (c)_ To give any false notice, testimony, a or document or commit any act of wiser purpose of securing @ license or se ted Code, or for the purpose of Soe eee the POEA, which include the act o reprocessing workers i work ins to nonexistent work, a job order that pertains work with & eee J he actual overseas works OF WOE! Nr different employer whether registered or Scanned with CamScannerCIAL PENAL LAWS out ker already 1 to induce a Wor (a) To induce oF ae aa dae ir hi nother aati quit his ree is designed to libera a worker fr canraad conditions of| ‘employment; from oppressive ‘ -e or attempt (0 influence fy Pea er cane ho has not applied for + entity not to employ any WOFKEE TT Formed, joined employment through his agency OF ied by any union a ted, or has contacted OF is supported by any or supported, or workers’ organizations (Te i er morality ro the workers in jobs harmful to public health or 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 autho- rized representative; (h) To fail to submit reports on the status of employ- ment, 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 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; (i) For an officer or agent of a recruitment or place- ment agency 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 travel agency; (kK) To withhold or deny travel documents from applicant workers before departure for monetary or financial eee or for any other reasons, other than those authorized under the Labor Cod: itsi a iean ‘ode and its implementing rules (Failure to actually deploy a contracted worker ter Labor and Employment, ‘etermined by the Department of Scanned with CamScannerREPUBLIC acy No.s042 (m) Failure to rej n burse ex terotinnedel aie ‘PeNses incu: worker sen ea ae is documentation and. Z a for P' eee all Ployment, in, “Ses Where the ities does hemeat nA take lace without the worker's faa tea recruit when Committed by a syndicate or j nn shall be considered 4N offense involyin, ec = oe a 8 economic Sabotage; (0) Toallowa no | N-Fili alicensed recruitment); PINO citizen to head or mana, manning agency. ae : ‘Yor more: persons It o “rating with one Another. Wis deemed committed in ‘large scale if committed against: chee () more persons individually OF a8.a group, a In addition to W he acts enumerated above, per it shall also MOF entity toc i prohibited acts: *Y tocommitt he following sue, either personally or through a guarantor OF accommodation Party, postdated checks in relation to the said loan; (2) Impose a compulsory and exclusive arrangement whereby an overseas Filipino worker is required to avail of loan only from specifically designated institutions, entities OF persons; (3) Refuse to condone or renegotiate a loan incurred by an overseas Filipino worker after the latter’ employment contract has been prematurely terminated through no fault of his or her own; (4) Impose a compulsory and exclusive arrangement whereby an overseas Filipino worker is required to ee health examinations only from specifically designated med cal clinics, institutions, entities or Persons, en i eons of a seafarer whose medical examination cost by the principal! shipowner; Scanned with CamScannerws 1, PENAL TA\ Sree UME! ive arrangement and exclusis a comple or is required to undergo Sine wt ting of any kind to tn ne aa . tical mmendatory erating an es d " principals/shil such trainings: d sement/manning agency led recruitment/mat ‘ : cis sere citment activity ei the 3 ’ i sane tea pening workers apa (7) Fora ree e ove principal/employer to ae sie or deduct from his or her salary © i ther insurance insurance fees, premium or 0" i as provided under the compulsory Workers age. ncy or a foreign Filipino worker nt of the cost of related charges, uurance cover- ‘The persons criminal Tiable forthe above olen ae theprincipals,accomplicesandaccessories.1ncase0 juridical persons, the officers having ownership, control, management Pr direction of their business who are responsible for the commission of the offense and the responsible employees! agents thereof shall be liable. In the filing of cases for illegal recruitment or any of the prohibited acts under this section, the Secretary of Labor and Employment, the POEA Administrator or their duly authorized representatives, or any aggrieved person may initiate the corresponding criminal action with the appropriate office. For this purpose, the affidavits and testimonies of operatives or personnel from the Department of Labor and Employment, POEA and other law enforcement agencies who witnessed the acts constituting the offense shall be sufficient to prosecute the accused. In the prosecution of offenses punishable under this section, the public prosecutors of the Department of Justice shall collaborate with the anti-illegal recruitment branch of the POEA and, in certain cases, allow the POEA lawyers to take the lead in the prosecution. The POEA lawyers who act as prosecutors in such cases shall be entitled to receive Scanned with CamScannerREPUBLIC ACT NO. 8042 additional allowances as ma be determin eee y termined by the POEA ‘The filing of an offense punishable und. thi be without prejudice to 5 pralianis ee ae the filing of cases punishable under other existing laws, rules or tegulations. (As amended by RA No. 10022) ‘The victims of illegal recruitment willing to work even away from theit fa their penury. The recruiters took adv. Victi it are desperate for a living and were 'milies so they could lift themselves from ‘antage of their plight and enticed them ‘There must be an end to illegal recruitment is a matter for not only must the State Protect those who, ot lack of employment opportunities in the ¢ foreign lands and from whose earnings the punish to the fullest extent of the law illegal recruiters, especially those engaged in syndicated or large-scale illegal recruitment, who continue to wreak havoc on our economy. [tis thus earnestly wished that he Government ler its muscle to eradicate this pernicious evil: of public policy because of economic difficulties ‘ountry, seek greener pastures in State itself benefits, it must also ‘There are two ways to commit a crime under RA No, 8042, to wit: ()) undertaking recruitment activities without license or authority; and (2) committing a prohibited act. A. UNLICENSED RECRUITMENT — ‘The elements of unlicensed Tecruitment under the first paragraph of Section 6 of RA No, 8042 are: (1) that the offender is a non-licensee or non-holder of authority; and (2) that the offender undertakes recruitment activities, FIRST ELEMENT — The offender is a non-licensee or non-holder of authority. Recruitment for overseas employment is not in itself necessarily immoral or unlawful. It is the lack of the necessary license or permit that Tenders such recruitment activities unlawful.’ Under Section 6 of RA No. 8042, recruitment is illegal when undertaken by a non-licensee or non-holder of authority contemplated under Article 13(f) ofthe Labor Code of the Philippines —___ faguba, GR Nos. 95207-17, January 10, 1994. De Leon, GRINo. 104996, August 26, 1993, *Sendon, GR No, 101679, December 15,1993. Scanned with CamScanner” SPRCIAL PENAL LAWS VOLUME 1, No license or authority — Non-licensee or non-holder of. authority ‘Means any person, corporation or entity, which has riot been issued a valiq license or authority to engage in recruitment and placement by the Secretary of Labor and Employment.‘ “License” means a document issued by the Department of Labor authorizing a person or entity to operate a private employment agency. Private employment agency means any person or entity engaged in the recruitment and placement of workers for a fee, which is charged, directly or indirectly, from the workers or employers or both. “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. 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 (Section 13 of the Labor Code). a. Certification — In People v. Benedictus, GR No. 123906, March 27, 1998 — The challenge against the POEA® certification that the appellant was neither licensed nor authorized to recruit workers for overseas employment must fail. The said certification isa public document issued by a public officer in the performance of an official duty; hence, it is.a prima facie evidence of the facts therein stated pursuant to Section 23 of Rule 132 of the Rules of Court. b. Implied admission — In People v. Adeser, GR No. 179931, October 26, 2009 — Appellant herself admitted that Naples, the travel agency which she owned and managed, only offered visa assistance, ticketing, documentation, airport transfer and courier services. Clearly, neither she nor her agents had a license to recruit Palo to work abroad c. Recruitment prior to issuance of license — Recruitment activities undertaken prior to the issuance of license is illegal. In People» Chua, GR No. 128280, April 4, 2001 — Appellant interposes the defense that the approval of her application for a service contractor's authority on April 13, 1993 should be given a retroactive effect as to make all her previous recruitment activities valid. The records show that the license was not issed due to her failure to comply with post-licensing requirements. It is the issuance of the license, which makes the holder thereof authorized to perform recruitment activities. “The law specifically provides that “every license shall be valid for atleast two years (now four years) from the date of issuance unless sooner cancelled or revoked by the SS ‘ection Id), Rules implementing PD No, 1920. Scanned with CamScannerREPUBLIC acy NO. 8042 am secretary. Appellant herself, admitted that t sh peivate complainants, Appellant wie cour ieee d. Personal undertaking Renidemient: 7 — In People y, M, 91 $52 55, Loe 10, 1994 — qf may bethat atthe tae Jr, GRNos, private complainants, he was then th + ‘appellant recruited dno authority to recruit it was appellant who talked comy lait is plainants into applyi abroad; when complainants signified dentin y who informed them of the dec et he alone was the one examination, passport, authentication, training, placement and psycho and AIDS test; also, he was the one who assured them of employment abroad and of the return of their money in the event of their non- deployment; moreover, it was he who undertook to inform complainants of their departure, But that is not all, When complainants failed to receive notice of their departure as promised them by appellant, they had somebody verify with the POEA if appellant was a licensed recruiter. ‘This circumstance shows all the more that indeed appellant represented himself to be the recruiter, otherwise it would have been the status of the agency with which he allegedly worked for, that complainants would have requested to be verified* 2. Suspended, cancelled or expired license ~ Non-licensee or non- holder of authority includes any person, corporation or entity whose license or authority has been suspended, revoked, or cancelled by the POEA or the Secretary of Labor.” Recruitment activity undertaken by agency with revoked or cancelled license or authority constitutes the crime of illegal recruitment under the first paragraph of Section 6. Recruitment activity undertaken bya suspended recruitment/manning agency constitutes unlawful act under subparagraph “6” of the third paragraph of Section 6. Recruitment activity undertaken by agency with an expired license is illegal Under Section 6 Othe POEA rules, “every license al be ra) ia least four years from the date of issuance unless ea ae ison aot the Labor Secretary. However, such agency is not peal a leave its affairs. In Aquino v. Court of Appeals, GR No. 91896, : *Cabacang, GR No. 113917, fly 17,1995, “Section fd, Rules implementing PD No, 1920. *Chua, GR No. 184058, March 10, 2010. Scanned with CamScannerPENAL LAWS m ‘VOLUME i services rendered tion of the license, for s — Receiving payments after the expiration a) recruitment. True, the before said expiration is not ee consequences of the applications payments for services rendered a ae a ing too much to expect a licenseq for overseas employment. However, midnight stop all transactions on the agency f its me Se a act carry-over payments after the agency jg its hi 4 ea winding-up after it ceases operations, Fe eee wed not be the basis of a criminal prosecution. — Article 29 of the Labor Code eres inet hal be used directly or indirectly by any ther than the one in whose favor il was issued or at any place other Thain tha stated in the license or authority, nor may such license or authority be transferred, conveyed or assigned to any other person or entity. Any transfer of business address, appointment or designation. of any-agent_OF representative including the establishment of additional offices anywhere shall be subject to the prior approval of the Department of Labor. “The law requires that the recruitment activities of agency's representative should have first been authorized by the POEA. Under the POEA Rules, every appointment of representatives or agents of licensed agency shall be subject to prior approval or authority of the Administration. Approval by the Administration of the appointment or designation does not authorize the agent or representative to establish a branch or extension otfice of the licensed agency represented, Any revocation or amendment in the appointment should be communicated to the Administration. Otherwise, the designation of appointment shall be deemed as not revoked or amended’ Likewise consti tuting illegal recruitment and placement activities are those undertaken by agents or representatives whose appointments by a licensee or holder of authority have not been previously authorized by the POEA a. Agency's obligation to register its personnel — In Pe: Chowdury, GR Nos. 129577-80, February 15, 2000 failed to prove that appellant was aware of Craftrade’ failure to register his name with the POEA and that he actively engaged in recruitment despite this knowledge. The obligation to register its personnel with the POEA belongs to the officers of the agency, A mere employee of the agency cannot be expected to know the legal requirements for its Speration. The evidence at hand shows that appellant carried out his duties as interviewer of Craftrade believing that the agency was duly cople v The prosecution *Saley, GR N 9 121179, July 2, 1998. ™alvares, GR No. 142981, August 20, 2002. Scanned with CamScannerREPUBLIC ACT NO, go47 m licensed by the POEA and he, to deal with the applicants init actions to his job description. te er es rt ae = informed them of the Tequirements for deployment but Mogee a money from them. Their Payments were received by the ag = he Furthermore, he performed his tasks under th suy ee ‘i president and managing director. Hence, we hold thatthe sa a failed to prove beyond reasonable doubt appellants tonictaaaa glee participation in the commission of the Crime of illegal reeritment._ o in turn, was duly authorized by his agency b. Acting on his own — ‘The principle in Chow. i applicable if the accused is acting on he eee in neues tn People v. Gutierrez, GR No, 124438, February 5, 2004 — Appellant argues that as a representative of a duly licensed recruitment agency, she cannot be held guilty of illegal recruitment in large scale. The POE Certification establishes that the appointment of appellant by Serafudin, licensed agency, as a representative or agent was not authorized by the POEA. Furthermore, appellant's version indicates that she was running her own labor recruitment business. Appellant cannot escape liability by claiming that she was not aware that before working for her employer in the recruitment agency, she should first be registered with the POEA. legal recruitment in large scale is malum prohibitum, not malum in se. Good faith is not a defense." ¢. Failure to establish relationship with the agency — In People v, Valle, GR No, 126933, February 23, 2001 — Appellants self-serving statement that she was just an employee of a licensed recruitment agency is belied by the testimonies of the complainants. She failed to establish an employment relationship with the agency. She did not present the owner and operator of agency as a witness to prove their relationship, In fact, accused did not explain why recruitment activities were done in her residence at Guadalupe, Makati City, when she claimed that agency is located in Delpan Street, Makati City. idertakes recruitment activities. SECOND ELEMENT — The offender un " ivi Under Section 6, recruitment shall mean any act of aoe ae contracting, transporting, utilizing, hiring, or procuring wor e ee ie — referring, contract services, promising OF advertising for employm whether for profit or not. L. Legal meaning of recruitment — In Flores ¥ People, GR No. as Ea jr July 20, 1992 -- It is contended by the petitioner thatthe term “eer TRajardo, GR No. 128583, November 22, 2000 a Scanned with CamScannerSPECIAL PENAL LAWS ” ‘VOLUME! Fe House Dicti cannot be applied to ber. Quoting from the Ranion House Dictionary, she argues that to recruit means to “engage” oF “hie (5 new employee, members), but the record shows that she did not vile THES entice peop is, she avers, for overseas. The truth is, It oe ‘him work bd alread tha she ya able to send her brother to work abroad. Certainly, pet Continues the single act of sending her brother abroad through a The nate ated = illegal recruitment. Held: recruit op mek Ere fala prarbuad is Tht vie! the le contemplates anj Not how a dictionary defines it. Petitioners defense that she did not recruit inant for employment abroad is beside the point. The undisputable fy is that she gave complainant the distinct impression that she had the power gp ability to send people abroad for work so that he was convinced to Bive her the money she demanded to enable him to be employed as can maker in Japan, In People v, Villas, GR No. 112180, August 15, er 1 feording to appellant, in charges for illegal recruitment, it is necessary that the person charged must have some a acts in looking for recruits. He ‘must have at least, gone araund to look for possible recruits or advertise his trade. He should not just be sitting down in his house and wait for the recruits to come to him. In the case at bar, the appellant did not go around to look for the private complainants, neither did she advertise her alleged illegal trade. She was in her house doing her usual course in the home as a housewife when the Private complainants came to her. She did not give instruction to others to look for Possible workers for Canada, Complainants came to her just 10 inquire on what to do in order to be able to land a job in Canada considering that she, the appellant, had been to Singapore and is rumored to be due for departure ta Canada. Held: As convincingly shown by the prosecution, ap the private complainants that she was recruiting nurses to Canada and she explained to them the procedure in ap to submit to her their application letters, photocopies of their birth certificates, Pictures and processing fee of $400 each, She was able to convince the four complainants that she had the authority and the ability to recruit workers for overseas employment. Thus, they submitted 10 her their application Papers and initial fees. Thereafter, the accused demanded payment of the balance afer private complainants received their case numbers from CLAS, Although appellant initially may not have done anything to entice individuals to apply to her for employment abroad, such fact does not in any way blot out her liability for engaging in illegal recruitment. Recruitment is 4 legal term; its meaning must be understood in the light of what the law contemplates, not of common parlance, Her activities fll squarely within the definitional Provision on recruitment. pellant informed © employment in plying. She required them Conclusion of law — * In People v. Segun and Clam, GR No. 119076, March 25, 2002 — Rogelio testified that his wife and children Scanned with CamScannerPayment of fees.® In People v, Gomez, GR No. 131946, February 8, 2000 — Appellant argues that he never actively enticed the applicants and neither did he advertise himself asa recruiter On the contrary, the complainants were the ones who voluntarily went to him to procure his services as travel agen. Held: Although appellant initially might not have done anything to encourage individuals to apply to him for employment abroad, such fact does not in any way blot out his liability for ilegal recruitment. Recruitment is a legal term; its meaning must be understood in the light of what the law contemplates and not of common parlance. Thus, even if appellant did not purposely seek out the complainants to apply as workers in Japan, his subsequent false misrepresentations that he had the capacity to procure employment for them, without authority from the POEA, made him liable for illegal recruitment. i — Procuring travel documents . Procuring travel documents ‘f doce (eg. poseport airline tickets and foreign visa) for another individual, Se 2179 5, No. 142981, August 20, tap aha GR Now e735 Osober 15 22: Aare - 78337, June 25, 2009 2002; Perata, GR No. 114905, December 12, 1997s Ritual, GR No. 17835 Scanned with CamScanner1 LAWS rnc FINA recruitment activities! ; more, can harelly cally a the power and capacity toy falsely pre eet Mites estate.” Furthermore, process travel docu ‘ aa ‘documents of the workers the accuseg = eon having authority (© recruit them for dep! Se eet is committed." yment illegal act of referral, which is included jp Referral — eg along oF forwarding an applicant af recruitment, is the act rated camployer, placement or bureau.” The ‘an initial interview t0 legal recruitment: (1) bringin, stitute i Sowing refrac whose owner acc0SCd KNOWS and hr compli : ‘efor processing:* (2) approachin acceptance of ie ne to ee employment abroad ang ipa + reruiters” and (3) suggesting to complainants where they could apply for overseas employment." rratory interview — An owner of vessel and mannin, ree the satiate for accreditation of which was still pending for approval, interviewed seamen in connection with their past employmeng with the former manning agency. However, the employment contracts were entered into, and actual deployment of the seamen was made onh upon approval of its application for accreditation. Held: Undoubtedly, the new manning agency had no approved POEA license to recruit, Its accreditation was still pending approval at that time. Yet they entertained applicants and conducted preparatory interviews. The conduct of Preparatory interviews is a recruitment activity." i a £ Asking to submit documents — In People v. Bodozo, GR No, 96621, October 21, 1992 — Appellants not only asked Private complainants to fill up application forms but also to submit to them their NBI clearances, passports and medical certificates, In addition thereto, appellants collected payment for processing fee and other sunds expenses from private complainants, all of which constitutes acts or ‘Reraitment within the meaning ofthe law. In People v: Mafiazca, GR No 779, March 13, 1997 — The actuations of appellant in requiring the {pDarvin v. CA, GRNo. 125044, July 13, 1998, {7Angeles, GR No, 132376, April 11, 2002. eee Sales GRIN. 121179, uly 21958, Goce, 247 SCRA 780, No. 146964, August 10, 2006, No 117145, March 28, 2000, >. 155903, September 14, Scanned with CamScanneres “ecrutment inRANe, ice 13(b) of the Labor Code, Hence, the with the term “placement” Signing receipts without obj use of phrase “placement fees” therein pace that eee = el in recruitment activity.” However, the use of the phrase “in a for travel Services” instead of “in Payment of placement fee” ete automatically negate complainants’ assertion that accused illegall recruited them. It must be remembered that these people were doses for employment abroad. They would blindly sign any document just to attain their dream of securing job in a foreign country.” Neither payment for a share of stock in the agency as a prerequisite for the deployment of the “stockholder” abroad would run counter against workers’ claim that accused committed illegal recruitment. The workers, who purchased the “shares” could not intend to invest, but to obtain a job placement. They were not investors but job seekers." 2. Presumption of engaging in illegal recruitment — Under Section 6 of RA No. 8042, any non-licensee or non-holder of authority whoa, in any manner, affers or promises for a fee employment abroad to two or more persons shall be deemed so engaged in illegal recruitment. The number of persons dealt with is not an essential ingredient of the act of recruitment of workers. Any of the acts mentioned in the basic rule Section 6 of RA No. 8042 will constitute recruitment even if only one prospective worker is involved. The proviso merely lays down a rule of evidence that where a fee is collected in consideration of a promise or offer of employment to two or more prospective workers, the individual or entity dealing with them shall be deemed to be engaged in the act oftectuitment. The words "shall be deemed” create that presumption. The word “shall be deemed” should be given the force of a disputable presumption or of prima facie evidence of engaging in recruitment and placement.” See: Buemio, GR Nos. 114011-12, December 16, 1996, See: Gomez, GR No. 131946, February pe ” iver No. 96277, December =e PGRN LSeerL iy ‘1, 1986; Diaz, GR No 112175, July 26, 1996. In People v. Dea Pedra, GR No 12177, onary 24,201 - Scion 146) of tbe Coie on prenon of recruitment activities is not a "perfectly vague act’ wi en the proviso therein is merely couched in imprecise language tha salvaged by proper construc: tion is mot void for vagueness. Scanned with CamScanner