FURTHER AMENDING ARTICLES 38 AND 39 OF THE LABOR CODE BY MAKING ILLEGAL RECRUITMENT A CRIME OF ECONOMIC SABOTAGE AND PUNISHABLE WITH LIFE IMPRISONMENT.

WHEREAS, despite existing- provisions of law and the
continuing efforts to eliminate them, illegal recruiters have continued to
proliferate and victimize unwary workers;

WHEREAS, illegal recruiters have defrauded and caused unfold
sufferings to thousands of Filipino workers and their families;
Whereas,
experience shows that because of light penalties, illegal recruiters have become
more callous and bolder in their modus operandi and usually carry out their
activities as syndicates or in large scale;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Republic of the Philippines, by virtue of the power vested in me by the
Constitution, do hereby order:

SECTION 1. Articles 38 and 39 of Presidential Decree No.
442, as amended, otherwise known as the Labor Code of the Philippines, is hereby
further amended to read as
follows:

“Art. 33. Illegal Recruitment, (a) Any recruitment
activities, including the prohibited practices enumerated under Article 34 of
this Code, to be undertaken by non-licensees on non-holders of authority shall
be deemed illegal and punishable under Article 39 of this Code. The Ministry of
Labor and Employment or any law enforcement officers may initiate complaints
under this Article.

(b) Illegal recruitment when committed by a syndicate or in large scale shall
be considered an offense involving economic sabotage and shall be penalized in
accordance with Article 39 hereof.

Illegal recruitment is deemed committed by a syndicate if carried out by a
group of three (3) or more persons conspiring and/or confederating1 with one
another in carrying out any unlawful or illegal transaction, enterprise or
scheme, denned under the first paragraph hereof. Illegal recruitment is deemed
committed in large scale if committed against three (3) or more persons
individually or as a group.

(c) The Minister of Labor and Employment or his duly authorized
representatives shall have the power to cause the arrest and detention of such
non-license or non-holder of authority if after investigation it is determined
that his activities constitute a danger to national security and public order or
will lead to further exploitation of job-seekers. The Minister shall order the
search of the office or promises and seizure of documents paraphernalia,
properties and other implements used in illegal recruitment activities and the
closure of companies, establishment and entities found to be engaged in the
recruitment of workers for overseas employment, without having been licensed or
authorized to do so.

“Article 39. Penalties—(a) The penalty of life
imprisonment and a fine ox One Hundred Thousand Pesos (P100,000) shall be
imposed if illegal recruitment constitutes economic sabotage as defined
herein.

(b) Any licensee or holder of authority found violating or causing another to
violate any provision of this Title or its implementing rules and regulations
shall, upon conviction thereof, suffer the penalty of 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 such imprisonment and fine, at the discretion of the
court.

(c) Any person who is neither a licensee nor a holder of authority under this
Title found violating any provision thereof or its implementing rules and
regulations shall, upon conviction thereof, suffer the penalty of 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 such imprisonment and fine, at the
discretion of the court;

(d) If the offender is a corporation, partnership, association or entity, the
penalty shall be imposed upon the officer or officers of the corporation,
partnership, association or entity responsible for violation; and if such
officer is an alien, he shall, in addition to the penalties herein prescribed,
be deported without further proceedings;

(e) In every case, conviction shall cause and carry the automatic revocation
of the license or authority and all the permits and privileges granted to such
person or entity under this Title, and the forfeiture of the cash and surety
bonds in favor of the Overseas Employment Development Board or the National
Seamen Board, as the case may be, both of which are authorized to use the same
exclusively to promote their objectives;

SEC. 2. This Decree shall take effect ‘immediately.

Done in the City of Manila, this 26th day of January, 1986.

			(Sgd.) FERDINAND E. MARCOS President of the Philippines
	By the President:
	(Sgd.) JUAN C. TUVERA
		Presidential Executive Assistant