House OKs bill redefining illegal recruitment via syndicate
THE House of Representatives on Monday approved a bill that will redefine the crime of illegal recruitment by a syndicate by reducing the required number of perpetrators from three or more to two or more persons if committed by non-licensees or non-holders of authorities, making it easier to prosecute the crime and give justice to overseas Filipino workers (OFWs).
“We see this proposed law as an added protection for our hardworking OFWs and an effort to strengthen further our efforts in deterring illegal recruitment and giving justice to OFWs who fall prey to illegal recruitment,” Speaker Ferdinand Martin G. Romualdez said.
House Bill (HB) No. 7718, which the chamber approved overwhelmingly with affirmative votes of 260, seeks to amend Article 38 of the Labor Code and Migrant Workers and Overseas Filipinos Act by adding a new way to identify illegal recruitment by a syndicate which is “if the offenders are non-licensees or non-holders of authority and the act was carried out by two (2) or more persons.”
“Under the current Labor Code, illegal recruitment by a syndicate is deemed committed only if carried out by a group of three (3) or more persons conspiring and/or confederating with one another in carrying out any unlawful or illegal transaction, enterprise or scheme defined under the law. The minimum number of persons provided in the law makes it hard to prosecute illegal recruitment cases by a syndicate,” Speaker Romualdez said.
“With House Bill 7718, we hope to fight the crime of illegal recruitment further and make it easier for government prosecutors to file and prosecute the crime of illegal recruitment committed by a syndicate in the case of non-licensees or non-holders of authorities, as two or more persons conspiring or confederating with one another would be sufficient,” Speaker Romualdez said.
Reps. Ralph Tulfo, Jocelyn Tulfo, Gus Tambunting, and Kabayan Rep. Ron Salo are some of the principal authors of HB 7718.
The Migrant Workers Act provides many instances of committing illegal recruitment but its main definition is “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.”
Under the law, the penalty for illegal recruitment is imprisonment of not less than 12 years and one day but not more than 20 years, and a fine from P1 million to P2 million.
If the illegal recruitment constitutes economic sabotage, the penalty of life imprisonment and a P2 million to P5 million will be imposed.
Illegal recruitment by a syndicate or in a large scale (committed against three or more persons) is considered economic sabotage.
