Single law against illegal recruiters sought
IN a bid to end illegal recruitment activities, a neophyte solon has proposed a single penal law.
OFW Party-list Representative Marissa “Del Mar” Magsino filed House Bill 7865 which consolidates and updates all existing laws on illegal recruitment into a single penal law.
The measure aims to facilitate a more effective and efficient enforcement and implementation of Philippine laws to combat illegal recruitment.
Illegal recruitment has been growing and evolving through the use of online modes and multi-country transit points schemes.
Recently, there have been numerous cases of illegal recruitment of Overseas Filipino Workers (OFWs), particularly for countries in Southeast Asia, which often lead to human trafficking.
Magsino lamented that illegal recruiters and human traffickers are taking advantage of information and communications technologies (ICT) to profile, recruit and exploit their victims offering fake job offers and promises in the absence of traditional physical and geographical limitations.
The global nature of illegal recruitment and the abuse of these technologies also make it more difficult for law enforcement authorities to combat this crime, requiring a certain level of digital expertise and cooperation across borders to support prosecution.
“One of the identified gaps contributing to the evolving problem of illegal recruitment is the absence of a single penal law. Nakakalat lang sa iba’t-ibang mga lumang batas ang mga probisyon sa illegal recruitment. Kung seryoso tayo sa ating laban kontra sa illegal recruiters, dapat palakasin natin yun batas na magpaparusa sa mga kawatang ito. Mas mapangahas na sila ngayon kaya’t hindi pwedeng maiwan sa kalumaan ang ating sistema, lalo na ang ating batas, sa pakikipaglaban sa kanila,” she added.
To date, Philippine laws against illegal recruitment include scattered provisions found in the ‘Labor Code of the Philippines’ (Presidential Decree No. 442), in Republic Act No. 8042 as amended by Republic Act 10022, or the ‘Migrant Workers Act’, Republic Act No, 11641 or the ‘Department of Migrant Workers Act’, and applicable provisions of Republic Act No. 10175, or the ‘Anti-Cybercrime Prevention Act of 2012’, Republic Act No. 11862, or the ‘Expanded Anti-Trafficking Persons Act of 2022’, and other special laws.
House Bill 7865 aims to specifically penalize acts of illegal recruitment committed by, through and with the use of ICT technologies or systems, otherwise known as ‘online illegal recruitment’, and provide higher penalties (fines) for greater deterrence.
