SC upholds provisions of Migrant Workers Act

MANILA, Philippines - The Supreme Court (SC) recently upheld certain provisions of Republic Act 8042, or the Migrant Workers and Overseas Filipinos Act of 1995, reversing the ruling of the Manila regional trial court (RTC) declaring the provisions unconstitutional.

In a 17-page consolidated decision penned by Justice Roberto Abad, the Court declared Sections 6, 7, 9, and the last sentence of the second paragraph of Section 10 of RA 8042 valid and constitutional.

Section 6 defines the crime of “illegal recruitment” and enumerates the acts constituting the same. Section 7 provides the penalties for prohibited acts. Section 9 allowed the filing of criminal actions arising from “illegal recruitment” before the RTC 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.

Finally, the last sentence of the second paragraph of Section 10 holds the corporate directors, officers, and partners of recruitment and placement agencies jointly and solidarily liable for money claims and damages that may be adjudged against the agencies.