Further Amending Articles 38 And 39 Of The Labor Code By Making Illegal Recruitment A Crime Of Economic Sabotage And Punishable With Life Imprisonment

Case Overview and Summary

Summary of Presidential Decree No. 2018

Illegal Recruitment
- Any recruitment activities undertaken by non-licensees or non-holders of authority shall be deemed illegal. (Section 1(a))
- Illegal recruitment committed by a syndicate or in large scale shall be considered economic sabotage. (Section 1(b))
- Illegal recruitment is committed by a syndicate if carried out by a group of three or more persons conspiring together. (Section 1(b))
- Illegal recruitment is committed in large scale if committed against three or more persons individually or as a group. (Section 1(b))
- The Minister of Labor and Employment can cause the arrest, detention, search, seizure, and closure of entities engaged in illegal recruitment activities. (Section 1(c))

Penalties
- Imprisonment and a fine of One Hundred Thousand Pesos (P100,000) shall be imposed if illegal recruitment constitutes economic sabotage. (Section 1(a))
- Licensees or holders of authority found violating provisions shall be penalized with imprisonment of not less than two years nor more than five years, or a fine of not less than P10,000 nor more than P50,000, or both. (Section 1(b))
- Non-licensees or non-holders of authority found violating provisions shall be penalized with imprisonment of not less than four years nor more than eight years, or a fine of not less than P20,000 nor more than P100,000, or both. (Section 1(c))
- If the offender is a corporation or entity, the penalty shall be imposed on the responsible officer(s), and if an alien officer, they shall be deported. (Section 1(d))
- Conviction shall cause automatic revocation of license or authority, and forfeiture of cash and surety bonds in favor of the Overseas Employment Development Board or National Seamen Board. (Section 1(e))