Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 2018)
The main purpose of Presidential Decree No. 2018 is to further amend Articles 38 and 39 of the Labor Code by making illegal recruitment a crime of economic sabotage and punishable with life imprisonment.
Illegal recruitment is defined as any recruitment activity undertaken by non-licensees or non-holders of authority, including prohibited practices enumerated under Article 34, and is punishable under Article 39.
Illegal recruitment is considered economic sabotage if committed by a syndicate (a group of three or more persons conspiring) or done on a large scale (against three or more persons individually or as a group).
Illegal recruitment involving economic sabotage is punishable by life imprisonment and a fine of One Hundred Thousand Pesos (P100,000).
The Ministry of Labor and Employment or any law enforcement officers have the authority to initiate complaints against illegal recruitment.
The Minister or duly authorized representatives have the power to arrest and detain non-licensees or non-holders of authority if their activities are found to be dangerous to national security or public order, to order searches, seize documents and properties, and to close establishments engaged in illegal recruitment.
Licensees or holders of authority found violating provisions of the Title may be punished by imprisonment of 2 to 5 years, a fine of P10,000 to P50,000, or both, at the discretion of the court.
Such individuals are subject to imprisonment of 4 to 8 years, a fine of P20,000 to P100,000, or both, at the discretion of the court.
The penalties are imposed upon the officers responsible for the violation; if the officer is an alien, in addition to penalties, he shall be deported without further proceedings.
Conviction leads to automatic revocation of the license or authority, permits, and privileges under this Title, and forfeiture of cash and surety bonds to the Overseas Employment Development Board or National Seamen Board.