WHEREAS,
despite existing provisions of law and the continuing efforts to
eliminate them, illegal recruiters, have continued to proliferate and
victimize unwary workers;chanroblesvirtualawlibrary
WHEREAS, illegal recruiters have defrauded and caused untold sufferings
to thousands of Filipino workers and their families;chanroblesvirtualawlibrary
WHEREAS, experience shows that because of light penalties, illegal
recruiters have become more callous and bolder in their modus operandi
and usually carry out their activities as syndicates or in large scale;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of
the Philippines, by virtue of the powers vested in me by the
Constitution, do hereby order:cralaw:red
Section 1. Articles 38 and 39 of Presidential Decree
No. 442, as amended, otherwise known as the Labor Code of the
Philippines, is hereby further amended to read as follows:cralaw:red
"Art. 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 Ministry of Labor and Employment or any law enforcement
officers may initiate complaints under this Article.
(b) Illegal recruitment when committed by a syndicate
or in large scale shall be considered an offense involving economic
sabotage and shall be penalized in accordance with Article 39
hereof. chanroblesvirtualawlibrary
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 this first paragraph hereof. Illegal
recruitment is deemed committed in large scale if committed against
three (3) or more persons individually or as a group.
(c) The Minister of Labor and Employment or his duly
authorized representatives shall have the power to cause the arrest and
detention of such non-license 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 Minister 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, establishment and entities found to be engaged in
the recruitment of workers for overseas employment, without having been
licensed or authorized to do so.
"Art. 39. Penalties. — (a) The penalty of
imprisonment and a fine of One Hundred Thousand Pesos (P100,000) shall
be imposed if illegal recruitment constitutes economic sabotage as
defined herein;chanroblesvirtualawlibrary
(b) 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;chanroblesvirtualawlibrary
(c) 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;chanroblesvirtualawlibrary
(d) 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; chanroblesvirtualawlibrary
(e) 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.
Section 2. This Decree shall take effect immediately.
Done in the City of Manila,
this 26th day of January, 1986.
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