Final House nod given to bill redefining illegal recruitment by a syndicate

(MANILA BULLETIN)


On the strength of 260 affirmative votes, the lower chamber unanimously has passed on Monday afternoon, May 15 the measure seeking to redefine the crime of illegal recruitment by a syndicate, particularly when committed by non-licensees or non-holders of authority. Declared approved on third and final reading by Deputy Speaker and Las Piñas City lone district Rep. Camille Villar was House Bill (HB) No.7718. There were no negatives votes or abstentions. The House of Representatives passed the bill--which will be a boon to overseas Filipino workers (OFW) once enacted--on second reading last week. Presidential Decree (PD) No. 442 or the Labor Code of the Philippines and Republic Act (RA) No.8042 as amended or the Migrant Workers Act currently defines illegal recruitment committed by a syndicate if carried out by a group of three or more persons conspiring and confederating with one another. However, it does not distinguish if the crime is committed by non-licensees or non-holders of authority. House Speaker Martin Romualdez explained the importance of the bill, particularly when it comes to going after illegal recruiters that victimize 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,” Romualdez, Leyte's 1st district representative, said. “Under the current Labor Code, illegal recruitment by a syndicate is deemed committed only if carried out by a group of three 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,” he explained. “With [HB No.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,” Romualdez futher said. Among the principal authors of HB No.7718 were Kabayan Party-list Rep. Ron Salo, Quezon City 2nd district Rep. Ralph Tulfo, ACT-CIS Party-list Rep. Jocelyn Tulfo, and Parañaque City 2nd district Rep. Gus Tambunting, 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.