Only an Applicant; Not a Recruiter

Recruitment and Placement

The Labor Code of the Philippines1Under Article 13 (b) defines recruitment and placement as

“any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers; and includes referrals, contract services, promising or advertising for employment, locally or abroad, whether for profit or not.”

Illegal Recruitment

On the other hand, the Labor Code of the Philippines2Under Article 38 defines illegal recruitment as

“any recruitment activities, including the prohibited practices enumerated under Article 34, to be undertaken by non-licensees or non-holders of authority.”

Illegal recruitment under the Labor Code of the Philippines3Article 38 encompasses recruitment activities for both local and overseas employment undertaken by non-licensees or non-holders of authority.

Illegal recruitment is thus committed by persons who, without authority from the government, give the impression that they have the power to send workers abroad for employment purposes.

Illegal Recruitment in Large Scale

The crime of illegal recruitment in large scale is committed when the following elements concur:

  • the offender has no valid license or authority required by law to enable one to engage lawfully in recruitment and placement of workers;
  • he or she undertakes either any activity within the meaning of “recruitment and placement” defined under Article 13, paragraph b, or any prohibited practices enumerated under Article 34 of the Labor Code; and
  • that the accused commits the acts against three or more persons, individually or as a group.

The Migrant Workers and Overseas Filipinos Act of 1995

Notably, the Migrant Workers and Overseas Filipinos Act of 1995 broadened the concept of illegal recruitment under the Labor Code of the Philippines and provided stiffer penalties, especially for those that constitute economic sabotage, i.e., Illegal Recruitment Committed by a Syndicate and Illegal Recruitment in Large Scale.

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. It is deemed committed in large scale if committed against three (3) or more persons individually or as a group.

Part II of the Migrant Workers and Overseas Filipinos Act of 1995 defines and penalizes illegal recruitment for employment abroad, whether undertaken by a non-licensee or non-holder of authority or by a licensee or holder of authority.

The situation in People v. Dela Cruz4G.R. No. 197808 (Notice), January 25, 2016. was that the complainants all positively identified the appellant as the person who:

  • promised them employment abroad;
  • explained the nature of their work and their corresponding salaries;
  • asked for documentary requirements such as resumés, photos, and medical certificates;
  • asked for their placement fees;
  • and either directly or ultimately received the placement fees they paid.

Nonetheless, the appellant raised the defense that she was a mere applicant for overseas work at a travel agency, and not a recruiter.

The Court was not convinced of said defense.

It held that to prove illegal recruitment, it must be shown that the appellant gave complainants the distinct impression that she had the power or ability to send complainants abroad for work such that the latter were convinced to part with their money in order to be employed. The Court found the testimonies of these witnesses credible and convincing.

It also noted that the appellant failed to present any evidence to substantiate her claim that she was recruited by the supposed owners of the agency as a domestic helper in Brunei. Record even showed that she signed some of the petty cash vouchers issued to the complainants. It thus ruled that the appellant’s mere denial failed over the positive and categorical testimonies of the complainants.

Appellant was found guilty of committing illegal recruitment in large scale.

Further reading:

  • People v. Dela Cruz, G.R. No. 197808 (Notice), January 25, 2016.

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