GLOBAL

MIGRATION
 Learning o Explain Philippine state
Atobjectives
the end of this lesson, students will be policies related to human
able to:
rights and social justice;
o Discuss migration in a o Expound the legal and
comprehensive manner; constitutional foundations
o Identify the legal perspectives of
about environmental
migration and recruitment and
human trafficking;
sustainability and
o Analyze global demography, responsibility;
inclusive of women and their o Identify and concretize
reproductive rights; global citizenship through
examples.
01
Nature,
Types and
causes of
migration
 - Is the movement of people from
one place in the world to another

MIGRA
for the purpose of taking up
permanent or semi-permanent
residence, usually across a political
boundary.

TION - Is the movement of persons away

from their place of usual residence,
either across an international
border or within a State. (IOM)

1 2
  Since the earliest times, humanity has
been on the move.
Migration occurs at a variety of scales:
 Intercontinental – between continents
 Intracontinental – between countries
on a given continent
 Interregional – within countries
The country or place from which the
migrant begins is called the origin.
The country or place to which the migrant
travels is called the destination.
In between the origin and the destination,
the migrant is described as being en-route.
3 4
EMIGRATION
 From the perspective of the country of
departure, the act of moving from one’s
country of nationality or usual residence to
another country, so that the country of
destination effectively becomes his or her
new country of usual residence.
 leaving one country to move to another
IMMIGRATION
 From the perspective of the country of
arrival, the act of moving into a country
other than one’s country of nationality or
usual residence, so that the country of
destination effectively becomes his or her
new country of usual residence.
 moving into a new country
  Human migrations within recorded
history have transformed the entire International
aspect of lands and continents and the
racial, ethnic, linguistic composition of Organization for
their populations.

 The largest migration in history was

Migration (IOM)
IOM is the leading inter-governmental
the so called Great Atlantic
Migration from Europe to North organization in the field of migration.
America.
IOM works to ensure the orderly and
 Between 1820 to 1980, the total humane management of migration, to
number of Europeans reaching promote international cooperation on
the United States amounted to 37 migration issues, to assist in the search for
million.
practical solutions to migration problems
and to provide humanitarian assistance to
migrants in need, including refugees and
internally displaced people.

5 6
 PEOPLE WHO
MIGRATE
MIGRANT
• is a person who moves away from their
place of usual residence, whether within a
country or across an international border,
temporarily or permanently, and for a
variety of reasons.
EMIGRANT
• is a person who is leaving one country to
live in another.
IMMIGRANT
• is a person who is entering a country from
another to make a new home.
7 8
PEOPLE WHO Migrate
REFUGEE
• is a person who is entering a country from
another to make a new home.
ASYLUM SEEKER
• is an individual who is seeking
international protection.
INTERNALLY DISPLACED PERSON (IDP)
• A person who is forced to leave his or her
home region because of unfavorable
conditions but does not cross any
boundaries.
TRAFFICKED MIGRANTS
• are those who are moved by deception or
coercion for the purposes of exploitation
 1. INTERNAL MIGRATION

Types
 This refers to a change of residence
within national boundaries, such as
between states, provinces, cities, or
municipalities involving the
establishment of a new temporary or

of
permanent residence.

 Urban to Rural, Rural to Urban, Urban

to Urban, Rural to Rural

MIGRA  An internal migrant refers to people

who moves from their usual residence
another place within country

TION
9 10
2. INTERNATIONAL MIGRATION
 The movement of persons away from
their place of usual residence and
across an international border to a
country of which they are not nationals.
 An international migrant is someone
who moves to a different country.
 According to the IOM World Migration
Report 2020, as of June 2019 the
number of international migrants was
estimated to be almost 272 million
globally.
 December 18 is celebrated as the
International Migrants Day
11
TYPES OF INTERNATIONAL MIGRANTS
(UNESCO and Castles,2000)
Temporary Labor Migrants
o These are people who migrate for a
limited time period to be employed
o Labor migration represents the
movement of individuals from one
country to another with the purpose of
seeking work
Highly Skilled Business Migrants
o These are qualified people for
managerial and executive positions
12
Force Migration
o Is the movement of persons who have
been forced to leave their in order to
avoid the effects of armed conflict,
situations of generalized violence,
violations of human rights or natural or
human-made disasters
o Castles (2003) has also referred to another
mode of forced migration, the trafficking
of people, with special emphasis on
women and children destined for the sex
industry.
o Environmental migration is the
movement of people due to sudden or
long-term changes to their local
environment that adversely affect their
lives or living conditions
13
o Seasonal migration is the process of
moving for a period of time in response
to labor or climate conditions
Family Reunification
o These people maintain family ties by
joining the people who have already
entered an immigration country under
one of the previously mentioned
categories.
o Chain migration is series of migrations
within a family or defined group of
people.
14
Irregular, undocumented, illegal migrants
o They enter a country usually in search for
employment without the necessary
documents and permits
Return Migrants
o people who return to their countries of
origin after a time period in another
country
o Return migration is moving back from
where you came from.
Assisted Voluntary return –
support to migrants unable to remain in
the host country
o It can also be Forced return
Involuntary return – the migrant
does not accept it
Assisted Forced return –
involuntary return ad the migrant accepts

o It can be Voluntary return

Spontaneous return – the
independent return of a migrants

15 16
 causes PUSH FACTORS
• are the things encouraging someone
to move from a place.

of
PULL FACTORS
• are the things that entice someone to
a new place.

MIGRA
EN-ROUTE FACTORS
• are things that might hinder the
migration.

TION
17 18
 THREE MAJOR PUSH-PULL FACTORS
Demographic and Economic Factors
 is related to labor standards,
unemployment and the overall health
of a country’s’ economy.
 Economic migrants are drawn towards
international migration because of the
prospect of higher wages, better
employment opportunities and, often,
a desire to escape the domestic social
and political situation of their home
country.
Socio-Political Factors
 Social push factors can include ethnic,
religious, racial, and cultural
persecution.
19
 Marital status, political violence,
facilities, and relatives are also dealt
here.
Environmental Factors
 These are the sudden or progressive
changes in the environment which
affect the lives or living conditions
 Of the ecological factors that push
individuals to migrate, climate change
is, arguably, the most serious.
20
LEGAL PERSPECTIVE on migration: illegal
recruitment
Under Article 38 (a) of the Labor Code, illegal recruitment means any
recruitment activities, including the prohibited practices enumerated
Article 34 of the LC, to be undertaken by non- licensees or non-
holders of authority.
Under RA 8042, as amended by RA 10022, 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: 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. (RA
10022, Sec. 5 )
ELEMENTS OF ILLEGAL RECRUITMENT:

1. The offender is a licensee/non-licensee of holder/non-holder

of authority engaged in the recruitment and placement of
workers; and
2. The offender undertakes:
a. 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;
b. Any prohibited practices enumerated under Section 5
of RA 10022.
 tYpes of illegal recruitment

1. SIMPLE- is committed where a licensee/non-licensee or holder/non-holder of

authority undertakes either any recruitment activities defined under the Labor Code
(Article 13, b), or any prohibited practices under Section 5 of RA 10022.
Prescription of action: Five years
Where the illegal recruitment is proved, but the elements of large scale and syndicate are
absent, the accused can be only convicted of simple illegal recruitment.

2. ILLEGAL RECRUITMENT AS ECONOMIC SABOTAGE- it is economic sabotage

when complex illegal recruitment is committed.
a. SYNDICATED- committed by a syndicate if carried out by a group of three (3) or
more persons in conspiracy or confederation with one another;
b. Large Scale or qualified- committed against three (3) or more persons
individually or as a group.
Prescription of action: Twenty (20) years
SAMPLE CASE/S

Q: Erlinda Racho y Somera was charged with Illegal Recruitment in

Large Scale. It was alleged that during the period from November
2004 up to February 2005, Racho, without a license or authority to
recruit workers for overseas employment from the POEA, recruited
and promised employment/job placement to East Timor and collected
placement fees from more than three complainants as contract
workers. During trial, the prosecution presented the testimonies of
Bella Diaz, a senior Labor and Employment Officer from the POEA,
and confirmed that Racho was neither licensed nor authorized to
recruit workers for employment abroad. Is Racho guilty of illegal
recruitment in Large Scale?
A: YES. ILLEGAL RECRUITMENT is deemed committed in Large Scale if
committed against three or more persons individually or as a group. The
elements of the offense are: (a) the offender has no valid license or authority to
enable him to lawfully engage in recruitment and placement of workers (b) he
undertakes any of the activities within the meaning of “recruitment and
placement” under the Labor Code or any of the prohibited practices
enumerated under RA 8042; and (c) he commits the same against three or
more persons, individually or as a group.
In this case, all these elements are present. The POEA certification, as
confirmed by Diaz, sufficiently established that Racho is neither licensed nor
authorized to recruit workers for overseas employment. Racho’s act of
promising to deploy the complainants to East Timor for work and collecting
placement fees from more than three persons, despite not being authorized to
do so, renders her liable for illegal recruitment in Large Scale. (People vs.
Erlinda Racho y Somera, GR No. 227505, October 2, 2017 )
PROOF OF ILLEGAL RECRUITMENT

• There is illegal recruitment when one gives the impression of having the ability to send a
worker abroad. It is important that there must be at least a promise or offer of an employment
from the person posing as a recruiter, whether locally or abroad.

ILLEGAL RECRUITMENT ESTAFA

MALUM PROHIBITUM MALUM IN SE

It is not required that it be Accused defrauded another

shown that the recruiter by abuse of confidence, or
wrongfully represented by means of deceit.
himself as a licensed
recruiter.
CASE/S

Q: Bugo, by means of false pretenses and fraudulent representation,

convinced Dado to give the amount of Php 120, 000.00 for processing
the latter’s papers so that he can be deployed to Japan. Dado later on
found out that Bugo had misappropriated, misapplied and converted the
money for her own personal use and benefit. Can Dado file the cases of
illegal recruitment and estafa simultaneously?

A: YES. Illegal recruitment and estafa cases may be filed simultaneously or

separately. The filing of charges for illegal recruitment does not bar the
filing of estafa, and vice versa. Bugo’s acquittal in the illegal recruitment
case does not prove that she is not guilty of estafa. Illegal recruitment
and estafa are entirely different offenses and neither one necessarily
includes or is necessarily included in the other.
THEORY OF IMPUTED KNOWLEDGE

This theory teaches that the knowledge of the agent is

knowledge of the principal.
That any information material to the transaction, either
possessed by the concerned, even though in fact the
agent at the time of the transaction or acquired by
him before its completion, is deemed to be the
knowledge of the principal, at least so far as the
transaction knowledge is not communicated to the
principal at all.
 DIRECT HIRING

It occurs when an employer hires a Filipino worker for overseas

employment without going through the POEA or entities authorized
by the SOLE/Secretary Of Labor and Employment.
Ban on Direct Hiring
GR: An employer may only hire Filipino workers for overseas
employment through POEA or entities authorized by DOLE.
EXCEPTIONS: Direct Hiring by-
1. International organizations (e.g. World Bank )
2. Name Hires- individual workers who were able to secure contracts
for overseas employment on their own efforts and representations
without the assistance or participation of any agency. Their hiring,
nonetheless, has to be processed through the POEA.
3. Members of the diplomatic organizations ( e.g. those employed by an
embassy )
4. Other employers as may be allowed by DOLE such as workers hired by a
relative/family member who is a permanent resident of the host country.

PURPOSES OF THE PROHIBITION ON DIRECT HIRING

1. To ensure the best possible terms and conditions of employment for
the worker.
2. To assure the foreign employer that he hires only qualified Filipino
workers.
3. To ensure full regulation of employment in order to avoid
exploitation.
HUMAN TRAFFICKING

Human trafficking, also called trafficking in persons, form of modern-day

slavery involving the illegal transport of individuals by force or deception for
the purpose of labor, sexual exploitation, or activities in which others benefit
financially. (Steverson & Wooditch, 2021)

Human trafficking is a global problem affecting people of all ages and United
States is considered as one of the largest destinations for victims of the sex-
trafficking trade. The United Nations (UN) divides human trafficking into
three categories- sex trafficking, labor trafficking, and the removal of
organs .

In the Philippines, we have the Republic Act 10364 or the Expanded

Anti-Trafficking in Persons Act of 2012. "
 GLOBAL DEMOGRAPHY: WOMEN &
THEIR REPRODUCTIVE RIGHTS
In the 1987 Philippine Constitution, Article II, Section 12 thereof, it
provides,
“ The State shall equally protect the life of the mother and the unborn
from conception.”
* Several state policies found in the present Philippine Constitution are
in line with the principle of Parens Patriae or the inherent duty of
the state to protect those with less than full capacity to take
adequate care of their own interests. Thus, the state acts as
guardian of the people especially those with legal disabilities. In
our jurisdiction, however, the application of the doctrine is not
confined only to those with legal disabilities. It can equally be
applied to women, youth, children, cultural minorities, the
workingman, etc.
“ The State values the dignity of every human person and
guarantees full respect for human rights.”
“ The State shall protect and promote the right to health of the
people and instill health consciousness among them.”
“The State recognizes the sanctity of family life and shall protect
and strengthen the family as a basic autonomous social
institution. It shall equally protect the life of the mother and the
life of the unborn from conception. The natural and primary
right and duty of parents in the rearing of the youth for civic
efficiency and the development of moral character shall receive
the support of the Government.”
“The State recognizes the role of women in nation-building,
and shall ensure the fundamental equality before the law of
women and men.”

Reproductive rights consist of three broad categories of

rights:

(1) rights to reproductive self-determination,

(2) rights to sexual and reproductive health services,
information, and education, a
(3) rights to equality and nondiscrimination.•
*** The controversy on the Reproductive Health
Law ....
RA 10354 “RESPONSIBLE PARENTHOOD AND
REPRODUCTIVE HEALTH ACT OF 2012” It is an act providing
for a national policy on responsible parenthood and
reproductive health. ... It mandates the government to
adequately address the needs of Filipinos on responsible
parenthood and reproductive health.
The controversies of the said law include the presumed
encroachment on the law to the revered Filipino values of
abortion; the violation of religious dogma in a predominantly
Catholic nation; and the allocation of limited government
resources to the family planning programs. (Separation of
church & state).
 ENVIRONMENTAL CRISIS AND
SUSTAINABLE DEVELOPMENT
ARTICLE II, SECTION 16 (1987 Philippine Constitution) The State
shall protect and advance the right of the people to a balanced and
healthful ecology in accord with the rhythm and harmony of nature.
( self-executory provision of the constitution)
The Precautionary Principle
The PP has its roots in the early 1970s as the German principle of
Vorsorge, or foresight. Beginning in the 1980s, several international
treaties endorsed precautionary measures, like the 1987 treaty that
bans the dumping of toxic substances in the North Sea. An
important and influential statement of the PP is the principle 15 of
the Rio Declaration on Environment and Development in 1992.
It states “where there are threats of serious or irreversible
damage, lack of full scientific certainty shall not be used as
a reason for postponing cost-effective measures to prevent
environmental degradation.”

Factoran or Minors Oposa, is a landmark decision of the

Supreme Court of the Philippines which recognizes the
doctrine of Intergenerational Responsibility on the
environment in the Philippine legal system. The case is a
contributor to the development of international
environmental law.
*** ARTICLE II, SECTION 2 of the Constitution states that the
Philippines adopts the generally accepted principles of
international alw as part of the law of the land.

• In Mijares vs. Ranada, the Court held that “generally accepted

principles of international law, by virtue of the INCORPORATION
CLAUSE of the Constitution, form part of the laws of the land even
if they do not derive from treaty obligations.
• The Supreme Court in the case of ICHONG VS, HERNANDEZ,
declared that the municipal law should be given primacy because
the exclusion of aliens from the retail trade business is a valid
exercise of police power which is inherent in sovereignty and
cannot be bargained away.
 FOREIGN POLICY

The state in its relations with other states must adhere to the mandate
of the Constitution, to wit: “ The State shall pursue an independent
foreign policy. In its relations with other states, the paramount
consideration shall be national sovereignty, territorial integrity,
national interest, and the right to self-determination.”
* The President is the chief architect of the country’s foreign relations.
Whatever decision, which he may have with regard to the State’s
relations with other states is as a rule nit subject to judicial nor
legislative interference. Hence, his acts of extending recognition to
another state cannot be questioned or inquired into pursuant to the
“ Acts of State Doctrine.” ( unless there is grave abuse of power or
discretion amounting to lack or excess of jurisdiction on the part of
the branch or instrumentality of the government)
One evident limitation on the President’s capacity to enter into treaties
is that such treaty or international agreement, to be valid and
effective within our municipal sphere, needs the concurrence of the
Senate.
ARTICLE VII, SECTION 21 OF THE CONSTITUTION: No treaty or
international agreement shall be valid and effective unless
concurred in by at least two-thirds of all the Members of the
Senate.
Treaties become part of the law of the land through transformation
pursuant to the above provision.
DOCTRINE OF INCORPORATION (ARTICLE II, SECTION
2 of the Constitution ): The Philippines adopts the
generally accepted principles of international law as part
of the law of the land.
• Renunciation of war
• The principle of sovereign immunity
• A person’s right to life, liberty, and due process
• PACTA SUNT SERVANDA ( observance of treaties in
good faith )
 GLOBAL CITIZENSHIP

CITIZENSHIP is the status of being a member in a state, of which the

person is invested with rights and obligations accorded to its
subjects. It denotes the link between a person and a state or an
association of states.

MODES OF ACQUIRING CITIZENSHIP

1. By birth- (a) JUS SANGUINIS- acquisition of citizenship on the
basis of blood relationship; or (b) JUS SOLI- acquisition of
citizenship on the basis of place of birth.
( The Philippines adheres to jus sanguinis principle with regard to
determination of citizenship by birth).
2. BY NATURALIZATION- the legal act of adopting an alien and
investing him with the rights, privileges and obligations of a native-
born citizen. It implies the renunciation of a former nationality and
the act of entering into a similar relation towards a new state.
(acquisition and re-acquisition of citizenship)

3. BY MARRIAGE- with regard to determination of citizenship by

marriage, it is so provided under the present constitution that
Filipino citizens who marry aliens shall retain their citizenship,
unless by their act or omission they are deemed, under the law, to
have renounced it.
GLOBAL CITIZENSHIP

While it may mean different things to different people, the most

common global citizenship definition is the idea that all
people have civic responsibilities to the world as a whole,
rather than just their local communities or countries. So, by
expanding one’s personal horizons through global learning,
you are able to effect change in a more meaningful sense
on both a small and larger scale.
A global citizen is someone who sees themselves as part of an
emerging sustainable world community, and whose actions
support the values and practices of that community.
Other relevant concepts

*** GREEN ACTIVISTS.

Environmental citizenship is the idea that we all should take
responsibility for how we interact with the environment.
Another way that you can engage in good environmental
citizenship is to keep waste down to a minimum in your home.
The key to this is to reduce, reuse and recycle.
*** CONSUMER CITIZENS.
A consumer citizen is an individual who makes choices based
on ethical, social, economic and ecological considerations.
The consumer citizen actively contributes to the maintenance
of just and sustainable development by caring and acting
responsibly on family, national and global levels.
REFERENCES:
 The Contemporary World (Lisandro E.
Claudio and Patricio N. Abinales. C&E,
Publishing, 2018)
 The Contemporary World, 2nd edition.
Fernandez, Jr. Guiraldo C., Garciano,
Marichu D. and Joselito R. et. Al. 2019
 Steverson, Leonard A. and Wooditch,
Alese C.. "Human trafficking".
Encyclopedia Britannica, 22 Jan. 2021,
https://www.britannica.com/topic/human
-trafficking
 https://www.un.org/en/global-
issues/migration
 http://geographymonkey.com/uploads/3/
5/2/1/35215747/migration_nat_geo.pdf
 https://s-
cool.co.uk/gcse/geography/populations/r
evise-it/migratio
 https://www.iom.int/key-migration-terms
 https://www.migrationdataportal.org/the
mes/return-migration
 https://publications.iom.int/system/files/p
df/international_migration_development.
pdf
 https://publications.iom.int/system/files/p
df/mrs_22.pdf
 https://oxford.universitypressscholarship.
com/view/10.1093/0198292295.001.0001/a
cprof-9780198292296-chapter-2
 https://drive.google.com/file/d/1X-
9PMJHScxFElF6a_60UZSR-
MP2AcX9-/view?usp=sharing
 https://www.bbc.co.uk/bitesize/guides/zk
g82hv/revision/5
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