REPRESENTATIVE Brian Raymund Yamsuan has urged fellow lawmakers to approve a measure that aims to impose harsh penalties of up to six years in jail against illegal foreign workers, to deter their involvement in unlawful activities and prevent them from taking jobs meant for Filipinos.

Yamsuan renewed his call following reports confirming the presence of Chinese nationals illegally working in mining sites in Eastern Samar and Camarines Norte.

The measure—House Bill (HB) 1279–would also help deter “guerilla” Philippine Offshore Gaming Operators (POGOs) from thriving in the country, Yamsuan said.

Besides jail terms, HB 1279 also provides for a substantial increase on the fine imposed on foreigners found to be illegally working here–from the current P10,000 to P50,000 for every year, or a fraction thereof, of unlawful employment.

Under the bill, employers who hire foreigners to work illegally in the country face fines of up to P200,000 and the possible suspension or closure of their businesses.

“The measure aims not only to protect job opportunities for Filipinos, but could also serve as a deterrent to make illegal foreign workers think twice before deciding to take part in unlawful activities here,” said Yamsuan, who co-authored HB 1279.

“Foreign workers are certainly welcome if they are here legally and do not take jobs meant for Filipinos. But if they are involved in any unlawful activity, such as illegal mining and rogue POGO operations, they should be made to face the consequences of their actions before they are deported,” he added.

Yamsuan pointed out that the illegal mining operations uncovered in the town of Paracale in Camarines Norte and Homonhon Island in Eastern Samar may be “small-scale” at this time, but even the Department of Environment and Natural Resources (DENR) has expressed concern over the possibility that foreign workers could be illegally working in other mining sites across the country.

“They may come a time when this seemingly “small problem” in our mining industry could blow up and become a national security concern, just like what happened to the POGO operations in the country,” said Yamsuan, who currently represents the Bicol Saro Partylist in the House of Representatives.

The DENR had uncovered in October an illegal mining operation in Paracale, Camarines Norte, where 11 Chinese posing as tourists were arrested, while the Bureau of Immigration (BI) reported last month that it had nabbed 13 Chinese working in illegal mining sites in the Eastern Samar island of Homonhon.

“We should be proactive and prevent this problem from worsening. One way that Congress can act is to toughen existing laws against foreigners working illegally in our country,” Yamsuan said.

Yamsuan said foreigners enticed to work for rogue POGOs following the total ban imposed by President Ferdinand R. Marcos Jr. on their operations might also be deterred by the stiff penalties provided under HB 1279.

Department of the Interior and Local Government (DILG) Secretary Jonvic Remulla recently said that despite the ban, illegal POGOs might continue to operate secretly. Those behind these “guerilla” operations are POGO employees whose companies have already shut down, according to the DILG chief.

POGOs usually employ foreign workers. The BI has already reminded foreign workers hired by POGOs to leave the country by the end of the year.

Yamsuan, a former DILG Assistant Secretary, backed Remulla’s move to issue a directive to local government units (LGUs) that will require them to report suspicious POGO-like activities in their communities.

HB 1279 also penalizes nonresident foreign nationals who have secured employment permits (EPs) but chose to transfer to another job or employer without notice to, and approval of, the Secretary of the Department of Labor and Employment (DOLE). They will be fined in amounts ranging from P50,000 to P100,000 under the bill.

Upon the discretion of the court, an erring foreign worker shall also be punished with imprisonment of not less than six months but not more than six years. The same penalties will also be imposed on the foreign worker’s employer, according to the bill.

Moreover, the foreign worker shall be deported after completing his or her jail term.

HB 1279 also provides for a labor market test to ensure that foreign workers are given EPs only after the determination of the non-availability of qualified Filipinos willing to perform the job required of these foreign workers.

The measure also includes a provision that requires foreign nationals with EPs to transfer relevant skills and knowledge to at least two Filipino understudies in the enterprise where they are employed within a period prescribed by the DOLE.

AUTHOR PROFILE

Ryan Ponce Pacpaco