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Wednesday, April 24, 2024

House bill redefines illegal recruiters

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The House of Representatives on Monday approved a bill that will redefine the crime of illegal recruitment by a syndicate by reducing the required number of perpetrators from three or more to two or more persons if committed by non-licensees or non-holders of authorities.

The measure is expected to make it easier to prosecute the crime and give justice to overseas Filipino workers (OFWs), lawmakers said.

“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,” Speaker Ferdinand Martin G. Romualdez said.

House Bill 7718, which the chamber approved overwhelmingly with 260 affirmative votes, seeks to amend Article 38 of the Labor Code and Migrant Workers and Overseas Filipinos Act by adding a new way to identify illegal recruitment by a syndicate — which is “if the offenders are non-licensees or non-holders of authority and the act was carried out by two or more persons.”

“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,” Romualdez said.

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“The minimum number of persons provided in the law makes it hard to prosecute illegal recruitment cases by a syndicate,” the Speaker added.
“With House Bill 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,” he added.

Principal authors of HB 7718 include Reps. Ralph Tulfo, Jocelyn Tulfo, Gus Tambunting, and Kabayan Rep. Ron Salo.

In other developments:

With an overwhelming 259 affirmative votes, the House approved on third and final reading a bill extending the estate tax amnesty under Republic Act 11213 by two more years up to 2025.

Speaker Romualdez, the principal author of HB 7909, said the proposed extension would give those covered by the law enough time to avail themselves of the amnesty and lower tax rates so they could use the properties and other assets they have inherited from their dead loved ones.

He said data given to the House Committee on Ways and Means led by chairman and Albay Rep. Joey Sarte Salceda showed that up to one
million families could benefit from the extension.

The House approved on third and final reading a bill that mandates the Technical Education and Skills Development Authority to
institutionalize technical-vocational education and training (TVET) and livelihood programs for former drug dependents who have undergone
rehabilitation.

Two hundred sixty lawmakers overwhelmingly voted to approve HB 7721 or “An Act Mandating the TESDA to Design and Implement
Technical-Vocational Education and Training and Livelihood Programs Specifically for Rehabilitated Drug Dependents” principally authored
by Reps. Alfel Bascug, Eddiebong Plaza and Joseph “Caraps” Paduano.

The House passed on third and final reading the measure enhancing the Continuing Professional Development (CPD) of Filipino
professionals as an integral component of career progression and specialization programs.

Approved on the strength of 258 affirmative votes against zero and three abstentions during plenary session Monday was HB 7744, which
seeks to amend RA 10912, also known as the “Continuing Professional Development Act of 2016”.

The Migrant Workers Act provides many instances of committing illegal recruitment but its main definition is “any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers and includes referring, contract services, promising or advertising for employment abroad, whether for profit or not when undertaken by non-licensee or non-holder of authority.”

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.

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