1.

MEMORIZE THE FOLLOWING:

A. WHAT IS ILLEGAL RECRUITMENT? ENUMERATE THE ELEMENTS.
For purposes of this Act, illegal recruitment shall mean any act of canvassing, enlisting,
contracting, transporting, utilizing, hiring or procuring of workers which includes referring,
contract services, promising or advertising for employment abroad, whether for profit or not,
when undertaken by a nonlicense or nonholder of authority contemplated under Article 13 (f) of
Presidential Decree No. 442, as amended , otherwise known as the Labor Code of the
Philippines: Provided, That any such nonlicense or nonholder who, in any manner, offers or
promises for a fee employment abroad for two or more persons shall be deemed so engaged. It
shall likewise include the following acts, whether committed by any person, whether a nonlicensee, nonholder, licensee or holder of authority:
Excessive Collection of placement fee;
Misrepresentation in relation to recruitment or employment;
Misrepresentation for purposes of securing a license or authority under the Labor Code.
Inducement of a worker to quit his present employment for another unless the transfer
liberates
a
worker
from
oppressive
terms
and
conditions
of
employment;
E. Influencing or attempting to influence any person or entity not to employ any worker who ahs
not
applied
for
employment
through
his
agency;
F. Engagement in recruitment or placement of workers in jobs harmful to public health or
morality
or
to
the
dignity
of
the
Republic
of
the
Philippines;
G. Obstruction of inspection by the Secretary of Labor and Employment or by his duly
authorized
representative;
H. Failure to submit reports required by the Secretary of Labor and Employment;
I.
Contractsubstitution
J. For an officer or agent of a recruitment or placement agency to engage in the business of
travel
agency
or
in
the
management
thereof;
K. Withholding or denying workers travel documents before departure for monetary or financial
consideration other than those authorized under the Labor Code and its implementing rules and
regulations;
L. Failure to actually deploy workers without valid reasons;
M. Failure to reimburse worker for processing and documentary expenses, in cases where the
deployment does not take without the workers fault.
B. WAYS OF COMMITTING ESTAFA INVOLVING ECONOMIC SABOTAGE.
Three general ways of committing Estafa:
1. with unfaithfulness or abuse of confidence
2. by means of false pretenses or fraudulent acts
3. through fraudulent means
C. WAYS OF COMMITTING RAPE AND ELEMENTS OF EACH?
Article 266-A. Rape, When and How Committed

Elements under paragraph 1:

1.
2.
3.

Offender is a man;
Offender had carnal knowledge of a woman;
Such act is accomplished under any of the following circumstances:
a.
b.
c.

By using force or intimidation;

When the woman is deprived of reason or otherwise unconscious;
By means of fraudulent machination or grave abuse of authority; or

d.

When the woman is under 12 years of age or demented.

Elements under paragraph 2:

1.
2.

Offender commits an act of sexual assault;

The act of sexual assault is committed by any of the following means:
a.
b.

3.

By inserting his penis into another person's mouth or anal orifice; or

By inserting any instrument or object into the genital or anal orifice of another
person;
The act of sexual assault is accomplished under any of the following circumstances:

a.
b.
c.

By using force or intimidation; or

When the woman is deprived of reason or otherwise unconscious; or
By means of fraudulent machination or grave abuse of authority; or
d. When the woman is under 12 years of age or demented.

D. WHEN IS RAPE QUALIFIED?

E. ELEMENTS OF SEXUAL HARASSMENT.
F. SYNDICATED CHILD PORNOGRAPHY.