REPUBLIC ACT NO.
8042
AN ACT TO INSTITUTE THE POLICIES OF OVERSEAS EMPLOYMENT AND ESTABLISH A HIGHER STANDARD OF PROTECTION AND PROMOTION OF THE
WELFARE OF MIGRANT WORKERS, THEIR FAMILIES AND OVERSEAS FILIPINOS IN DISTRESS, AND FOR OTHER PURPOSES
DECLARATION OF POLICY
Section 2.
(a) Declaration of Policies. 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.
(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
"Migrant Workers and Overseas Filipinos Act of 1995."
MITIGATING/AGGRAVATING/
PROHIBITED ACTS in relation to VENUE/ PRESCRIPTIVE
PENALTIES EXEMPTING /QUALIFYING
ILLEGAL RECRUITMENT JURISDICTION PERIOD
CIRCUMSTANCES
SEC. 6. Definition. SEC. 7. Penalties. - the maximum penalty shall be imposed if the SECTION 9. Venue. SECTION 12.
- For purposes of this Act, illegal recruitment (a) Any person found guilty of illegal person illegally recruited is less than eighteen — A criminal action Prescriptive
shall mean any act of canvassing, enlisting, recruitment shall suffer the penalty (18) years of age or committed by a non- arising from illegal Periods.
contracting, transporting, utilizing, hiring, or of imprisonment of not less than licensee or non-holder of authority. recruitment as defined — Illegal
procuring workers and includes referring, twelve (12) years and one (1) day herein shall be filed with recruitment cases
contract services, promising or advertising for but not more than twenty (20) years the Regional Trial Court under this Act shall
employment abroad, whether for profit or not, and a fine of not less than One of the province or city prescribe in five (5)
when undertaken by non-licensee or non- million pesos (P1,000,000.00) nor where the offense was years: Provided,
holder of authority contemplated under Article more than Two million pesos committed or where the however, That illegal
13(f) of Presidential Decree No. 442, as (P2,000,000.00). offended party actually recruitment cases
amended, otherwise known as the Labor Code resides at the time of the involving economic
of the Philippines: Provided, That any such (b) The penalty of life imprisonment commission of the sabotage as defined
non-licensee or non-holder who, in any and a fine of not less than Two offense: Provided, That herein shall
manner, offers or promises for a fee million pesos (P2,000,000.00) nor the court where the prescribe in twenty
employment abroad to two or more persons more than Five million pesos criminal action is first (20) years.
shall be deemed so engaged. It shall likewise (P5,000,000.00) shall be imposed if filed shall acquire
include the following acts, whether committed illegal recruitment constitutes jurisdiction to the
by any person, whether a non-licensee, non- economic sabotage as defined exclusion of other courts:
holder, licensee or holder of authority: therein. Provided, however, That
the aforestated provisions
(a) To charge or accept directly or indirectly Provided, however, That the shall also apply to those
any amount greater than that specified in the maximum penalty shall be imposed criminal actions that have
schedule of allowable fees prescribed by the if the person illegally recruited is already been filed in
Secretary of Labor and Employment, or to less than eighteen (18) years of age court at the time of the
make a worker pay or acknowledge any or committed by a non-licensee or effectivity of this Act.
amount greater than that actually received by non-holder of authority.
him as a loan or advance;
(c) Any person found guilty of any
(b) To furnish or publish any false notice or of the prohibited acts shall suffer the
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exchange remittances, the State
does not promote overseas
employment as a means to sustain
economic growth and achieve
national development. The
existence of the overseas
employment program rests solely
on the assurance that the dignity
and fundamental human rights and
freedoms of the Filipino citizen
shall not, at any time, be
compromised or violated. The
State, therefore, shall continuously
create local employment
opportunities and promote the
equitable distribution of wealth and
the benefits of development.
(d) The State affirms the
fundamental equality before the law
of women and men and the
significant role of women in nation
building. Recognizing the
contribution of overseas migrant
women workers and their particular
vulnerabilities, the State shall apply
gender sensitive criteria in the
formulation and implementation of
policies and programs affecting
migrant workers and the
composition of bodies tasked for
the welfare of migrant workers.
(e) Free access to the courts and
quasi-judicial bodies and adequate
legal assistance shall not be denied
to any person by reason of poverty.
In this regard, it is imperative that
information or document in relation to penalty of imprisonment of not less
recruitment or employment; than six (6) years and one (1) day but
not more than twelve (12) years and
(c) To give any false notice, testimony, a fine of not less than Five hundred
information or document or commit any act of thousand pesos (P500,000.00) nor
misrepresentation for the purpose of securing a more than One million pesos
license or authority under the Labor Code, or (P1,000,000.00).
for the purpose of documenting hired workers
with the POEA, which include the act of If the offender is an alien, he or she
reprocessing workers through a job order that shall, in addition to the penalties
pertains to nonexistent work, work different herein prescribed, be deported
from the actual overseas work, or work with a without further proceedings.
different employer whether registered or not
with the POEA; In every case, conviction shall cause
and carry the automatic revocation of
(d) To include or attempt to induce a worker the license or registration of the
already employed to quit his employment in recruitment/manning agency, lending
order to offer him another unless the transfer is institutions, training school or
designed to liberate a worker from oppressive medical clinic.
terms and conditions of employment;
(e) To influence or attempt to influence any
person or entity not to employ any worker who
has not applied for employment through his
agency or who has formed, joined or
supported, or has contacted or is supported by
any union or workers' organization;
(f) 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;
(h) To fail to submit 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
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an effective mechanism be
instituted to ensure that the rights
and interest of distressed overseas
Filipinos, in general, and Filipino
migrant workers, in particular,
documented or undocumented, are
adequately protected and
safeguarded.
(f) 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
institutions relevant to overseas
employment is recognized and
guaranteed.
(g) The State recognizes that the
ultimate protection to all migrant
workers is the possession of skills.
Pursuant to this and as soon as
practicable, the government shall
deploy and/or allow the deployment
only of skilled Filipino workers.
(h) Non-governmental
organizations, duly recognized as
legitimate, are partners of the State
in the protection of Filipino migrant
workers and in the promotion of
their welfare. The State shall
cooperate with them in a spirit of
trust and mutual respect.
(i) Government fees and other
administrative costs of recruitment,
introduction, placement and
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 or indirectly in the management of
travel agency;
(k) To withhold or deny travel documents from
applicant workers before departure for
monetary or financial considerations, or for
any other reasons, other than those authorized
under the Labor Code and its implementing
rules and regulations;
(l) Failure to actually deploy a contracted
worker without valid reason as determined by
the Department of Labor and Employment;
(m) Failure to reimburse expenses incurred by
the worker in connection with his
documentation and processing for purposes of
deployment, in cases where the deployment
does not actually take place without the
worker's fault. Illegal recruitment when
committed by a syndicate or in large scale
shall be considered an offense involving
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assistance to migrant workers shall
be rendered free without prejudice
to the provision of Section 36
hereof. Nonetheless, the
deployment of Filipino overseas
workers, whether land-based or sea-
based, by local service contractors
and manning agencies employing
them shall be encouraged.
Appropriate incentives may be
extended to them.
economic sabotage; and
(n) To allow a non-Filipino citizen to head or
manage a licensed recruitment/manning
agency.
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.
In addition to the acts enumerated above, it
shall also be unlawful for any person or entity
to commit the following prohibited acts:
(1) Grant a loan to an overseas Filipino worker
with interest exceeding eight percent (8%) per
annum, which will be used for payment of
legal and allowable placement fees and make
the migrant worker issue, either personally or
through a guarantor or 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 a loan only from
specifically designated institutions, entities or
persons;
(3) Refuse to condone or renegotiate a loan
incurred by an overseas Filipino worker after
the latter's employment contract has been
prematurely terminated through no fault of his
or her own;
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(4) Impose a compulsory and exclusive
arrangement whereby an overseas Filipino
worker is required to undergo health
examinations only from specifically
designated medical clinics, institutions, entities
or persons, except in the case of a seafarer
whose medical examination cost is shouldered
by the principal/shipowner;

(5) Impose a compulsory and exclusive

arrangement whereby an overseas Filipino
worker is required to undergo training,
seminar, instruction or schooling of any kind
only from specifically designated institutions,
entities or persons, except fpr recommendatory
trainings mandated by principals/shipowners
where the latter shoulder the cost of such
trainings;

(6) For a suspended recruitment/manning

agency to engage in any kind of recruitment
activity including the processing of pending
workers' applications; and

(7) For a recruitment/manning agency or a

foreign principal/employer to pass on the
overseas Filipino worker or deduct from his or
her salary the payment of the cost of insurance
fees, premium or other insurance related
charges, as provided under the compulsory
worker's insurance coverage.

The persons criminally liable for the above

offenses are the principals, accomplices and
accessories. In case of juridical persons, the
officers having ownership, control,
management or direction of their business who
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 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 additional
allowances as may be determined by the
POEA Administrator.

The filing of an offense punishable under this

Act shall be without prejudice to the filing of
cases punishable under other existing laws,
rules or regulations.

POINTERS FOR MIDTERM FOR RA 8042

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RECRUITMENT WITHOUT LICENSE OR AUTHORITY
The elements of illegal recruitment without license or authority under the first paragraph of Section 6 of RA No.
8042 (Migrant Workers and Overseas Filipinos Act) are:
(1) that the offender is a non-licensee or non-holder of authority; and
(2) that the offender undertakes recruitment activities
Recruitment before the Issuance of License
Recruitment activities undertaken prior to the issuance of a license are illegal.
The law specifically provides that every license shall be valid from the date of issuance.
Revoked, Cancelled, Terminated, or Expired License
“non-licensee"
--includes a person, partnership, or corporation whose license is revoked, cancelled, terminated, expired, or
otherwise delisted from the roll of licensed recruitment/ manning agencies.
Recruitment activities undertaken by such agency constitutes the crime of illegal recruitment.
under the new implementing rules, an agency with a suspended license is a licensee.
RECRUITMENT (Memorize)
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.
Referral
The act of referral, which is included in recruitment, is the act of passing along or forwarding an applicant after
an initial interview to a selected employer, placement, or bureau.
The following are referrals that constitute illegal recruitment:
1. Bringing the complainants to the agency, and her acceptance of fees including those for processing;
2. Approaching the complainants and prodding them to seek employment abroad and bringing them to a
recruiter
3. Suggesting to the complainants where they could apply for overseas employment.
Capacity to Deploy
it is enough that these recruiters gave the impression that they have the ability to enlist workers for job
placement abroad in order to induce the latter to tender payment of fees.
People v. Gomez
--the accused argued that the complainants were the ones who voluntarily went to him to procure his services as
a travel agent.
--it was held that even if the accused 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.
Promise or Offer
Under Section 6 of RA No. 8042, any non-licensee or non-holder of authority who, in any manner,
offers or promises for a fee employment abroad to two or more persons shall be deemed so engaged in
illegal recruitment.
If the offer and promise by a non-licensee is accompanied with other acts such as receiving placement
fees from the worker, illegal recruitment is not only presumed to have been committed but this crime
shall be considered to have been established by direct evidence.
To give rise to the presumption of illegal recruitment, it must be established that two or more
persons were offered or promised for a fee employment abroad.
However, if there is actual evidence of illegal recruitment, it is not required that there are two or more
persons, who were promised for employment abroad, whether for profit or not.
Preparatory Interview
C.F. Sharp Crew Management, Inc. v. Espanol, Jr.,
 It was held that 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.
Placement Fees
The term "placement" is defined in the same way as "recruitment" under Article 13(b) of the Labor Code.
Signing receipts without objecting to the use of the phrase "placement fees" therein is evidence that one is
engaged in recruitment activity. (People v. Buemio, G.R. No. 114011-12, December 16, 1996)
The use of the phrase "in payment for travel services" instead of "in payment of placement fee"
People v. Gomez
It will not automatically negate complainants assertion that accused illegally recruited them.
It must be remembered that these people were desperate for employment abroad.
They would blindly sign any document just to attain their dream of securing a job in a foreign country.
ILLEGAL RECRUITMENT INVOLVING PROHIBITED ACTS
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 Illegal recruitment involving prohibited acts is committed by any person, whether a non-licensee, non-
holder, licensee, or holder of authority, by perpetrating any of the prohibited acts under Section 6(a) to
(n) of RA No. 8042 (Migrant Workers and Overseas Filipinos Act).
Lack of the necessary license or permit renders recruitment for overseas employment unlawful.
If the accused is charged with the commission of any of the prohibited acts under Section 6 (a) to (n) of
RA No. 8042, there is no longer any need to prove whether he is a licensee or not because it is no
longer an element of the crime.
Charging a Greater Amount
Charging or accepting directly or indirectly any amount greater than that specified in the schedule of
allowable fees prescribed by the Secretary of Labor and Employment is a prohibited act constituting
illegal recruitment under Section 6(a) of RA No. 8042.
However, the mechanical act of receiving an amount by a mere clerk or cashier, who had neither
participation in fixing such amount as placement fee nor knowledge that such amount is in excess of
those allowed by law or regulation, is not constitutive of illegal recruitment.
However, the responsible officers of the owner of the agency are liable.
Acknowledging a Greater Amount
Making a worker pay or acknowledge any amount greater than that actually received by him as a loan
or advance (for purposes of defraying expenses to process their deployment papers, such as medical
expenses) is a prohibited act constituting illegal recruitment under Section 6(a) of RA No. 8042.
False Information
Furnishing or publishing any false notice or information or document in relation to recruitment or
employment is a prohibited act constituting illegal recruitment under Section 6(b) of RA No. 8042.
The furnishing of the victims with certain documents, which they were required to fill out allegedly in
connection with their overseas employment, which actually did not exist, constitutes illegal
recruitment. (People v. De Leon, G.R. No. 104995, August 26, 1993)
False Information to Obtain License to Recruit
Giving any false notice, testimony, information, or document, or committing any act of
misrepresentation for the purpose of securing a license or authority, or documenting hired workers is a
prohibited act constituting illegal recruitment under Section 6(c) of RA No. 8042.
Inducement to Quit
Inducing or attempting 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, is a prohibited act constituting illegal recruitment under Section 6(d) of RA No. 8042.
Influencing One Not to Employ a Worker
Influencing or attempting to influence any person or entity not to employ any worker who has not
applied for employment through his agency or who has formed, joined or supported, or has contacted
or is supported by any union or workers' organization is a prohibited act constituting illegal recruitment
under Section 6(e) of RA No. 8042.
Recruiting to Work in Harmful Job
Engaging 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 is a prohibited act constituting illegal recruitment under
Section 6(f) of RA No. 8042.
If the harmful job for which the worker is placed is an exploitation (e.g., prostitution or slavery)
contemplated by RA No. 9208, the accused is liable for trafficking in persons under RA No. 9208
and illegal recruitment under RA No. 8042.
Failure to Submit Reports
Failing to submit 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 and Employment is a prohibited omission constituting illegal
recruitment.
Substitution or Alteration of Employment Contract
Substituting or altering employment contracts without the approval of the DOLE to the prejudice of the
worker is a prohibited act constituting illegal recruitment under Section 6(i) of RA No. 8042.
The employment contracted altered or substituted must be approved and verified by the DOLE.
The prohibition on substitution or alteration is from the time of actual signing of the employment
contract by the parties up to and including the period of the expiration of the same.
Becoming an Officer or Agent in Both Recruitment Agency and Travel Agency
Becoming an officer or agent of a recruitment or placement agency, and at the same time an officer or
board member of any corporation engaged in travel agency or to be engaged directly or indirectly in
the management of a travel agency, is a prohibited act constituting illegal recruitment under Section
6(j) of RA No. 8042.
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Withholding Travel Documents Prior to Departure
Withholding or denying travel documents from applicant workers before departure for monetary or
financial considerations, or for any other reasons, is a prohibited act constituting illegal recruitment.
Non-deployment of Worker
Failure to actually deploy a contracted worker without valid reason is a prohibited omission
constituting illegal recruitment under Section 6(1) of RA No. 8042.
Non-deployment of the person recruited per se is not illegal recruitment.
There must be independent evidence from the DOLE to establish the reason for non-deployment, such
as the absence of a proper job order.
Non-reimbursement of Expenses
Failure to reimburse expenses incurred by the worker in connection with his documentation and
processing for purposes of deployment, in cases where the deployment does not actually take place
without the worker's fault, is a prohibited omission constituting illegal recruitment under Section 6(m)
of RA No. 8042.
Exclusivity of Financing Institutions, Clinics, or Seminar Center
It is unlawful or prohibited to impose a compulsory and exclusive arrangement whereby an overseas Filipino
worker is required:
1. To avail of a loan only from specifically designated institutions, entities or persons (Section 6[21 of
RA No. 8042);
2. To undergo health examinations only from specifically designated medical clinics, institutions,
entities or persons, except in the case of a seafarer whose medical examination cost is shouldered by
the principal/ shipowner (Section 614] of RA No. 8042); or
3. To undergo training, seminar, instruction or schooling of any kind only from specifically designated
institutions, entities or persons, except for recommendatory trainings mandated by principals/
shipowners where the latter shoulder the cost of such trainings. (Section 6[5] of RA No. 8042)
LARGE-SCALE ILLEGAL RECRUITMENT
Illegal recruitment is deemed committed in large scale if committed against three (3) or more persons
individually or as a group.
Large-scale illegal recruitment can be established even though two of the three complainants executed
an affidavit of desistance.
The dropping of a complaint upon the mere affidavit of desistance of complainants is looked upon with
disfavor particularly where the commission of the offense is duly supported by documentary evidence.
People v. Luto
Luto only recruited two workers, while his co-conspirators recruited 30 workers. The acts of his co-
conspirators in recruiting 30 workers will be treated as his acts by reason of conspiracy.
Because of conspiracy, the number of workers recruited by Luto will be considered as 30 although he
merely personally recruited two of them.
Hence, Luto is liable for large-scale illegal recruitment.
MULTIPLE ILLEGAL RECRUITMENTS
 The delito continuado principle does not apply to illegal recruitment for being malum prohibitum
where criminal impulse, on which delito continuado is based, is immaterial.
 The number of illegal recruitments will not depend on the number of offenders.
 If there are two offenders, they are collectively liable by reason of conspiracy for one count of illegal
recruitment involving one complainant or for two counts of illegal recruitment involving two
complainants.
RECRUITMENT FOR LOCAL EMPLOYMENT
 Illegal recruitment for local employment is still punishable under the Labor Code.
RA NO. 8042 AND LABOR CODE
The Labor Code applies to recruitment for local employment, while RA No. 8042 is applicable to recruitment
for employment abroad.
Crimes
There are two crimes under the Labor Code, to wit:
illegal recruitment and prohibited practices.
 Illegal recruitment under Article 38 of the Code is committed by a non-licensee or non-holder of
authority by engaging in recruitment activity.
 Prohibited practices under Article 34 thereof is committed by a licensee or holder of authority by
perpetrating any of the unlawful acts therein.
If the prohibited practices under Article 34 are committed by a non-licensee or non-holder of authority,
the crime committed is illegal recruitment, and not prohibited practices.
There are three crimes under RA No. 8042, to wit:
illegal recruitment without license or authority, illegal recruitment involving prohibited acts, and prohibited acts.
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  Illegal recruitment without license or authority under the first paragraph of Section 6 of RA No. 8042 The law does not provide a definition of the terms "responsible employees/ agents."
is committed by a non-licensee or non-holder of authority by engaging in recruitment activity. It is submitted that an employee who actively and consciously participates in the illegal recruitment
 Illegal recruitment involving prohibited acts is committed by any person, whether a non-licensee, non- can be considered as a responsible employee within the contemplation of the law.
holder, licensee, or holder of authority by perpetrating any of the prohibited acts under Section 6(a) to

(n) of RA No. 8042.

People v. Cabais
The accused was the one who informed complainants of job prospects in Korea and the requirements
for deployment. She also received money from them as placement fees.
 Prohibited acts is committed by any person by perpetrating any of the unlawful acts under Section 6(1)
All of the complainants testified that they personally met the accused and transacted with her regarding
to (7) of RA No. 8042.
the overseas job placement offers. The complainants parted with their money, evidenced by receipts
signed by the accused and co-accused.
Thus, the accused actively participated in the recruitment of the complainants.
QUALIFYING CIRCUMSTANCE
Even the mere employee of a company or corporation engaged in illegal recruitment could be held
The qualifying circumstance of syndicate or large scale can be appreciated in illegal recruitment
liable, along with the employer, as a principal in illegal recruitment once it is shown that he had
without license or authority under Section 6, and illegal recruitment involving prohibited acts under

Section 6(a) to (n) of RA No. 8042, and illegal recruitment for local employment under Article 38 of
actively and consciously participated in illegal recruitment.

ILLEGAL RECRUITMENT AND OTHER CRIMES

the Labor Code.
Under Section 6 of RA No. 8042, as amended by RA No. 10022, the filing of an offense punishable
under this Act shall be without prejudice to the filing of cases punishable under other existing laws,
People v. Molina
rules, or regulations.
the accused, who headed a licensed agency, was found guilty of illegal recruitment involving
prohibited act, and that is, failure to make reimbursement.
the qualifying circumstance of large-scale was appreciated
Illegal Recruitment and Estafa
Illegal Recruitment Estafa
Responsible Officers
An offender can be prosecuted for illegal recruitment and estafa without violating the rule on double
Under Section 6 of RA No. 8042, as amended by RA No. 10022, in case of juridical persons, the
jeopardy.
officers having ownership, control, management, or direction of their business, who are responsible for
the commission of the offense of illegal recruitment or unlawful act, shall be liable.
An acquittal from estafa will not necessarily result in an acquittal from illegal recruitment in large scale
Malum prohibitum, intent is not necessary Malum in se, intent is required
The following officers have ownership, control, management, or direction of the recruitment agency:
1. President, Lack of license to recruit is an element Deceit and damage is an element
2. Treasurer, who was in charge of the management and control of the financial affairs and resources of the
corporation such as collecting all its receivables from applicants, safely keeping them, and disbursing them by llegal Recruitment and Trafficking in Persons
co-signing checks; Illegal Recruitment Trafficking in Persons
3. Assistant general manager, operations manager or general manager, who is at the forefront of the recruitment can be committed whether the purpose is to exploit not only limited to transportation of victims, but also
activities of the agency; the victim or not includes the act of recruitment of victims for
4. Owner (People v. Suliman, supra) or incorporator of the agency even though its incorporation was not trafficking.
consummated.
Responsible Employees can be committed with or without license to recruit.

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Illegal Recruitment, Trafficking in Persons, and Estafa
A non-licensee made false representation that the complainant will be deployed abroad to work as a nurse. The
worker paid the non-licensee the amount of P20,000.00 as placement fees. Upon arrival in the foreign country,
she was compelled to work as a prostitute. The crimes committed are as follows:
Illegal Recruitment Trafficking in Persons Estafa
Engaging in recruitment activity Recruiting the complainant through defraud
without license to recruit, fraud or deception for the purpose of
furnishing the complainant with sexual exploitation or prostitution
false information in relation to
employment, and placing her in a
job, which is harmful to public
morality or the dignity of the RPH.

SECTION 8. Prohibition on Officials and Employees.

— It shall be unlawful for any official or employee of the Department of Labor and Employment, the Philippine
Overseas Employment Administration (POEA), or the Overseas Workers Welfare Administration (OWWA), or
the Department of Foreign Affairs, or other government agencies involved in the implementation of this Act, or
their relatives within the fourth civil degree of consanguinity or affinity, to engage, directly or indirectly in the
business of recruiting migrant workers as defined in this Act. The penalties provided in the immediate
preceding paragraph shall be imposed upon them.

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