27. Summary of Rules on Prescriptive Period & Penalty NOTE: the MAXIMUM PENALTY SHALL BE IMPOSED IF THE PERSON ILLEGALLY RECRUITED IS LESS THAN 18 YEARS OF AGE OR COMMITTED BY A NON-LICENSEE OR NON-HOLDER OF AUTHORITY SIMPLE ECON. SABOTAGE Prescriptive Period 5 years 20 years Imprisonment Prision mayor Entirety: From 6 years & 1 day to 12 years Min: 6y 1d to 8y Med: 8y 1d to 10y Max: 10y 1d to 12y Life Imprisonment Fine 200K – 500k 500k – 1M
28. Liability of Employee of Company engaged in IR May be held as PRINCIPAL together With his employer if it is shown than he actively and consciously participated in illegal recruitment PP vs Cabais, March 16, 2001 Art. 38 is unconstitutional in as much as it gives the SOLE the power to issue search or warrants of arrest (Salazar vs Achaocoso & Marquez, March 14, 1990) but the SOLE may order the closure of illegal recruitment establishments because it is only administrative and regulatory in nature.