This case has been cited 3 times or more.
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2011-10-12 |
CARPIO, J. |
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| Clearly, given the broad definition of recruitment and placement, even the mere act of referring someone for placement abroad can be considered recruitment. Such act of referral, in connivance with someone without the requisite authority or POEA license, constitutes illegal recruitment. In its simplest terms, illegal recruitment is committed by persons who, without authority from the government, give the impression that they have the power to send workers abroad for employment purposes.[44] | |||||
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2009-10-26 |
QUISUMBING, J. |
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| Illegal recruitment is committed when these two elements concur: (1) the offenders have no valid license or authority required by law to enable them to lawfully engage in the recruitment and placement of workers, and (2) the offenders undertake any activity within the meaning of recruitment and placement defined in Article 13(b) or any prohibited practices enumerated in Article 34 of the Labor Code. Under Article 13(b), recruitment and placement refers to "any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers and includes referrals, contract services, promising or advertising for employment, locally or abroad, whether for profit or not." In the simplest terms, illegal recruitment is committed by persons who, without authority from the government, give the impression that they have the power to send workers abroad for employment purposes.[12] The law imposes a higher penalty when the crime is committed by a syndicate as it is considered as an offense involving economic sabotage. Illegal recruitment is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring and/or confederating with one another in carrying out any unlawful or illegal transaction, enterprise or scheme defined under the first paragraph of Article 38 of the Labor Code.[13] | |||||