Illegal recruitment is one of the most serious offenses under Philippine labor and migration law. It victimizes thousands of Filipino workers annually and is treated as a crime involving moral turpitude and, in aggravated forms, as economic sabotage. The primary law governing the offense is Republic Act No. 8042 (Migrant Workers and Overseas Filipinos Act of 1995), as amended by Republic Act No. 10022 (2010) and further strengthened by Republic Act No. 11227 (2019) and the Department of Migrant Workers Act (RA 11641, 2022). The implementing agency is now the Department of Migrant Workers (DMW), which absorbed the functions of the former Philippine Overseas Employment Administration (POEA).

Definition of Recruitment and Placement

Under Section 6 of RA 8042, as amended, “recruitment and placement” refers to any act of:

canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers, and includes
referrals, contact services, promising, or advertising for employment, locally or abroad,
whether for profit or not.

Any person or entity that performs any of these acts without the necessary license or authority from the DMW commits illegal recruitment.

What Constitutes Illegal Recruitment

Illegal recruitment may be committed in two ways:

Illegal Recruitment by a Non-Licensee or Non-Holder of Authority
Any person or entity that undertakes any of the recruitment activities defined above without a valid license or authority from the DMW commits illegal recruitment.
It is not required that the recruiter actually deploy the worker or receive payment. The mere promise of foreign employment in exchange for a fee is sufficient.
Prohibited Acts Committed by Licensed Agencies or License Holders
Even licensed recruitment agencies, their officers, or employees can commit illegal recruitment if they engage in any of the following prohibited practices (Section 6, RA 8042 as amended):

a. Charge or accept directly or indirectly any amount greater than that specified in the schedule of allowable fees prescribed by the DMW, or make a worker pay any amount greater than that actually received by him as a loan or advance;
b. Furnish or publish any false notice or information or document in relation to recruitment or employment;
c. Give any false notice, testimony, information or document or commit any act of misrepresentation for the purpose of securing a license or authority;
d. Induce or attempt to induce a worker already employed to quit his employment in order to offer him another unless the transfer is designed to liberate a worker from oppressive terms and conditions;
e. Influence or attempt to influence any person or entity not to employ any worker who has not applied for employment through his agency;
f. Engage in the recruitment or placement of workers in jobs harmful to public health or morality or to the dignity of the Republic of the Philippines (e.g., prostitution);
g. Obstruct or attempt to obstruct inspection by the DMW;
h. Fail to submit reports on the status of employment, placement vacancies, remittance of foreign exchange earnings, separation from jobs, departures and such other matters required by the DMW;
i. Substitute or alter to the prejudice of the worker employment contracts approved and verified by the DMW from the time of actual signing thereof by the parties up to and including the period of expiration of the same without the approval of the DMW;
j. Become an officer or member of the Board of any corporation engaged in travel agency or be engaged directly or indirectly in the management of a travel agency;
k. Withhold or deny travel documents from applicant workers before departure for monetary or financial considerations other than those authorized;
l. Grant a loan to an OFW with interest exceeding eight percent (8%) per annum, which will be used for payment of legal and allowable placement fees and make the migrant worker issue post-dated checks;
m. Refuse to condone or renegotiate a loan incurred by an OFW after his employment contract has been prematurely terminated through no fault of his or her own;
n. For a suspended recruitment/manning agency to engage in activities related to overseas employment;
o. Allow a non-Filipino citizen to head or manage a licensed recruitment/manning agency.

Illegal Recruitment as Economic Sabotage

Illegal recruitment is considered committed in large scale or by a syndicate (economic sabotage) when:

It is committed against three (3) or more persons, individually or as a group (large scale); or
It is carried out by a group of three (3) or more persons conspiring or confederating with one another (syndicate).

Penalties

Simple Illegal Recruitment
- Imprisonment of six (6) years and one (1) day to twelve (12) years
- Fine of P1,000,000 to P2,000,000
Illegal Recruitment Constituting Economic Sabotage
- Life imprisonment
- Fine of P2,000,000 to P5,000,000

Licensed agencies or entities found guilty also suffer permanent revocation of license and forfeiture of cash and surety bonds.

Officers and directors of corporations found guilty are jointly and solidarily liable with the corporation.

Illegal recruitment is malum prohibitum; good faith or lack of intent to defraud is not a defense.

Liability of Officers and Employees

Corporate officers, directors, partners, and employees who actively participated in the illegal recruitment are criminally liable as principals. Mere knowledge and allowing the illegal acts to continue is sufficient for liability.

Venue of Criminal Cases

Criminal cases may be filed in the Regional Trial Court of:

the province or city where the offense was committed, or
where the offended party actually resides at the time of the commission of the offense (RA 8042, Sec. 9 as amended by RA 10022).

This liberalized venue rule makes it easier for victims to file cases.

Prescription of the Offense

Simple illegal recruitment: 5 years
Illegal recruitment involving economic sabotage: 20 years

How to File a Complaint for Illegal Recruitment

Victims have several options:

Criminal Complaint (Recommended for prosecution and possible imprisonment of the recruiter)
File directly with the Office of the City/Provincial Prosecutor in the place where the offense was committed or where the complainant resides.
Required documents (originals or certified true copies):
- Sworn complaint-affidavit of the victim and witnesses
- Documentary evidence (receipts, text messages, job ads, contracts, passport copies, etc.)
- IDs of complainant and witnesses
The prosecutor conducts preliminary investigation. If probable cause is found, the case is filed in the Regional Trial Court.
Complaint with the Department of Migrant Workers (DMW) – Single Entry Approach (SEnA) or Regular Administrative Case
For administrative cases (license revocation, blacklisting, refund of fees).
File at any DMW office or online via the DMW website.
This is faster and does not require a lawyer.
National Bureau of Investigation (NBI) or Philippine National Police (PNP) – Anti-Illegal Recruitment Branch
For entrapment operations and immediate arrest if the recruiter is still actively victimizing others.
Philippine Overseas Labor Office (POLO) in the host country (if victim is already abroad)

Money Claims and Refund of Excessive Fees

Even without filing a criminal case, victims may file money claims for refund of excessive placement fees, illegal deductions, and other damages before the National Labor Relations Commission (NLRC).
Joint and solidary liability applies: the agency and the foreign principal are both liable for money claims.

Important Jurisprudence Highlights

People v. Ocden (2018): Illegal recruitment is committed even if only one victim is recruited, as long as the act falls under the definition.
People v. Lalli (2011): The crime is consummated the moment an applicant pays an excessive fee or is promised employment abroad by a non-licensee.
People v. Baytic (2020): Text messages and social media posts advertising jobs abroad constitute illegal recruitment when done without license.

Preventive Measures

Verify the agency at the DMW website (dmw.gov.ph) or hotline 8722-1144 / 8722-1155.
Never pay more than one month’s salary as placement fee, and only after signing the DMW-approved contract.
Never deal with recruiters who use only mobile numbers or social media.
Attend Pre-Employment Orientation Seminar (PEOS) online via the DMW portal.

Illegal recruitment is a continuing crime that destroys dreams and families. Victims should report immediately. The State guarantees full protection to labor, both domestic and overseas (Article XIII, Section 3, 1987 Constitution). Prompt filing not only secures justice but prevents further victimization of other Filipinos.