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Showing posts with label OFW news. Show all posts
Showing posts with label OFW news. Show all posts
Friday, July 12, 2013
Thursday, December 13, 2012
SC upholds OFW law
The Supreme Court (SC) en banc has upheld the portion of Republic Act
8042 (the Migrant Workers and Overseas Filipinos Act of 1995) covering
“illegal recruitment” earlier struck down as unconstitutional by a
Manila Regional Trial Court (RTC).
In a 17-page 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 of the law allows 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 latter agencies.
The court found “illegal recruitment” as defined in Section 6 of RA 8042 clear and unambiguous. “By its terms, persons who engage in ‘canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers’ without the appropriate government license or authority are guilty of illegal recruitment whether or not they commit the wrongful acts enumerated in that section. On the other hand, recruiters who engage in the canvassing, enlisting, etc. of (overseas Filipino workers or OFWs), although with the appropriate government license or authority, are guilty of illegal recruitment only if they commit any of the wrongful acts enumerated in Section 6,” the court held.
In fixing uniform penalties, as provided for in Section 7, for each of the enumerated acts under Section 6, the court ruled that “Congress was within its prerogative to determine what individual acts are equally reprehensible” consistent with the state policy of according full protection to labor and deserving of the same penalties. Reiterating People v. Ventura, it held that “the State under its police power may prescribe rules and regulations as in its judgment will secure or tend to secure the general welfare of the people, to protect them against the consequence of ignorance and incapacity as well as of deception and fraud.”
Read the full story at: Tribune.net.ph
In a 17-page 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 of the law allows 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 latter agencies.
The court found “illegal recruitment” as defined in Section 6 of RA 8042 clear and unambiguous. “By its terms, persons who engage in ‘canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers’ without the appropriate government license or authority are guilty of illegal recruitment whether or not they commit the wrongful acts enumerated in that section. On the other hand, recruiters who engage in the canvassing, enlisting, etc. of (overseas Filipino workers or OFWs), although with the appropriate government license or authority, are guilty of illegal recruitment only if they commit any of the wrongful acts enumerated in Section 6,” the court held.
In fixing uniform penalties, as provided for in Section 7, for each of the enumerated acts under Section 6, the court ruled that “Congress was within its prerogative to determine what individual acts are equally reprehensible” consistent with the state policy of according full protection to labor and deserving of the same penalties. Reiterating People v. Ventura, it held that “the State under its police power may prescribe rules and regulations as in its judgment will secure or tend to secure the general welfare of the people, to protect them against the consequence of ignorance and incapacity as well as of deception and fraud.”
Read the full story at: Tribune.net.ph
Thursday, February 17, 2011
Binay Left For China To Save 3 Pinoys On Death Row
But before leaving, Binay appealed anew to the Filipino people for prayers to allow a "miracle" that will save the three from death row.
"As instructed by President (Benigno III) Aquino, I leave this morning for Beijing together with (Foreign Affairs Undersecretary Esteban Jr.) Conejos to appeal for clemency for our three kababayans on death row. Our embassy in Beijing informed me that this visit is a special consideration for the Philippines in view of the close friendship between our two countries and peoples" Binay said in a departure statement he read at the Ninoy Aquino International Airport before leaving.
Read more at GMANews.tv
Wednesday, November 10, 2010
Three Filipinos Arrested In Malaysia
Monday, November 8, the Sessions Court in Malaysia sentenced Rugalio Palaya, 49, for 3 months imprisonment. He pleaded guilty for illegally entering Malaysia to work as a carpenter.
Two other Filipinos identified as Mulpy Salleh Kassim, 37 years old and Sany Agil Salleh, 33-years-old, were also arrested for violating their visit passes. However they not guilty before the court. The two ere arrested in Likas, Malaysia last October 19.
Many Filipinos are risking to enter Malaysia illegally to find employment.
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