G.R. Nos. L-58674-77 11 July 1990
FACTS:
Four informations were filed in the CFI of Zamboanga City alleging that Serapio Abug, “without securing a license from the Ministry of Labor as holder of authority did then and there operate a fee-charging employment agency by charging fees and expenses and promising employment in Saudi Arabia”
ISSUE:
Whether all the acts mentioned in Article 13(b) of PD 442 are indispensable requirements in order to constitute illegal recruitment and placement.
RULING:
NO. Article 13(b) states that “Recruitment and placement refers to any act of canvassing, enlisting, contracting, transporting, hiring, or procuring workers, and includes referrals, contract services, promising or advertising for employment, locally or abroad, whether for profit or not: Provided, that any person or entity which in any manner, offers or promises for a fee employment to two or more persons shall be deemed engaged in recruitment and placement”.
The number of persons dealt with is not an essential ingredient in the act of recruitment and placement of workers. Any of the acts mentioned in the basic rule in Article 13(B) will constitute recruitment and placement even if only one prospective worker is involved.
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