For many Filipinos, securing a job abroad is a pathway to economic stability. However, the pressure to meet stringent documentation requirements leads some to resort to "fixers" or the use of falsified documents. Under Philippine law, this is a serious criminal offense with repercussions that extend far beyond the loss of a job opportunity.
The legal framework governing this issue primarily involves the Revised Penal Code (RPC) and Republic Act No. 8042, as amended by Republic Act No. 10022 (The Migrant Workers and Overseas Filipinos Act).
1. Criminal Liability under the Revised Penal Code
The act of falsifying documents and using them in any transaction is penalized under Articles 171 and 172 of the RPC.
- Falsification by a Private Individual: Any person who falsifies a public, official, or commercial document (such as a NBI clearance, Birth Certificate, or Diploma) faces the penalty of prision correccional in its medium and maximum periods and a fine.
- Use of Falsified Documents: Even if you did not personally "make" the fake document, knowingly using it to support an application carries the same penalty as the falsification itself.
- Falsification of Medical Certificates/Certificates of Merit: Specific penalties apply to those who falsify medical records or professional certifications often required by foreign employers.
2. Illegal Recruitment (RA 8042 as amended)
Under the Migrant Workers and Overseas Filipinos Act, the use of fraudulent documents is explicitly linked to Illegal Recruitment.
- Section 6 (m): It is considered illegal recruitment for any person to help a worker or produce for a worker any false notice, report, or information in relation to the recruitment or employment.
- Section 6 (l): Submitting or causing the submission of contrived documents or information for the purpose of job-seeking is a prohibited act.
Penalties for Illegal Recruitment: Illegal recruitment is considered a crime of economic sabotage when committed by a syndicate or in a large scale. The penalties are severe:
- Life Imprisonment and a fine of not less than P2,000,000.00 nor more than P5,000,000.00.
- Even for simpler cases, the minimum penalty is 12 years and 1 day of imprisonment.
3. Administrative Sanctions by the DMW (formerly POEA)
The Department of Migrant Workers (DMW) maintains a "blacklist" or a watch list for workers who commit serious infractions.
- Disqualification: An applicant found submitting fake documents (e.g., fake passports, seaman’s books, or training certificates) will be permanently disqualified from the overseas employment program.
- Suspension of Licenses: Agencies that facilitate or tolerate the submission of these documents face the suspension or cancellation of their license to recruit.
4. International Consequences and Deportation
The legal jeopardy does not end at the Philippine border. If the falsification is discovered while the worker is already abroad:
- Immediate Deportation: Most host countries have zero-tolerance policies for visa fraud. Discovery leads to immediate termination of the employment contract and deportation at the worker's expense.
- Persona Non Grata Status: The individual may be permanently banned from re-entering the host country and, in many cases, other countries within the same regional bloc (e.g., the Schengen Area or GCC countries).
- Foreign Prosecution: The worker may also face criminal charges under the laws of the host country for identity theft or fraud.
5. Common Documents Subject to Falsification
Authorities and foreign embassies are particularly vigilant regarding:
- PSA Birth Certificates: Altering ages to meet minimum or maximum requirements.
- Transcript of Records (TOR) and Diplomas: Claiming educational attainments not actually earned.
- NBI Clearances: Concealing a prior criminal record.
- Professional Licenses (PRC): Forging board exam results or licenses for specialized roles like nursing or engineering.
- Work Experience Certificates: Fabricating years of service or positions held.
Summary Table: Summary of Penalties
| Violation | Legal Basis | Principal Penalty |
|---|---|---|
| Falsification of Public Docs | Art. 172, RPC | 2-6 years imprisonment + Fine |
| Illegal Recruitment | RA 10022 | 12 years to Life Imprisonment + P2M-P5M Fine |
| Administrative Fraud | DMW Rules | Permanent Blacklisting from Overseas Work |
| Visa Fraud | Host Country Laws | Deportation and Permanent Entry Ban |
Legal Note: Ignorance of the law excuses no one. Claiming that a "fixer" or an agency provided the documents without your knowledge is rarely a valid defense in court, as the applicant is expected to verify the authenticity of their own personal submissions.