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ART. 35. Suspension and/or Cancellation of License or Authority. The
Minister of Labor shall have the power to suspend or cancel any license or authority
to recruit employees for overseas employment for violation of rules and regulations
issued by the Ministry of Labor, the Overseas Employment Development Board, or
for violation of the provisions of this and other applicable laws, General Orders and
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Letters of Instructions.

Chapter III MISCELLANEOUS PROVISIONS

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ART. 36. Regulatory Power. The Secretary of Labor shall have the power to
restrict and regulate the recruitment and placement activities of all agencies within
the coverage of this Title and is hereby authorized to issue orders and promulgate
rules and regulations to carry out the objectives and implement the provisions of this
Title.

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ART. 37. Visitorial Power. The Secretary of Labor or his duly authorized
representatives may, at any time, inspect the premises, books of accounts and
records of any person or entity covered by this Title, require it to submit reports
regularly on prescribed forms, and act on violation of any provisions of this Title.

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ART. 38. Illegal Recruitment. (a) Any recruitment activities, including the
prohibited practices enumerated under Article 34 of this Code, to be undertaken by
non-licensees or non-holders of authority, shall be deemed illegal and punishable
under Article 39 of this Code. The Department of Labor and Employment or any law
enforcement officer may initiate complaints under this Article.

(b) Illegal recruitment when committed by a syndicate or in large scale shall be
considered an offense involving economic sabotage and shall be penalized in
accordance with Article 39 hereof.

Illegal recruitment is deemed committed by a syndicate if carried out by a group
of three (3) or more persons conspiring and/or confederating with one another in
carrying out any unlawful or illegal transaction, enterprise or scheme defined under
the first paragraph hereof. Illegal recruitment is deemed committed in large scale if
committed against three (3) or more persons individually or as a group.

34 Under Section 10 of R.A. No. 10022, the POEA, in the exercise of adjudicatory power, may impose the penalty of reprimand, suspension, or cancellation or revocation of license for
pre-employment/recruitment violation cases. For local employment, see Rule VI of the PRPA Guidelines.

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Ministry of Labor is now the Department of Labor and Employment. The OEDB has been replaced by the POEA. General Orders and Letters of Instruction refer to issuances by the
President of the Republic in his capacity as Commander-In-Chief of the Armed Forces of the Philippines.

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See also Section 23 of R.A. No. 8042, as amended by Section 14 of R.A. 10022, and Section 3 of R.A. No. 10022.

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See also Rule III (Inspection of Agencies) of the POEA Rules. For local employment, see Rule IX of the PRPA Guidelines.

38 See Section 6 of R.A. No. 8042, as amended.

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