Philippine Bar review · Question

Practice question: Definition of Recruitment and Placement

Multiple Choice Hard

Practice question

A person offers employment to one applicant for a fee and takes concrete steps to enlist that applicant. The defense relies only on the absence of a second applicant. The question concerns the definition, not whether all criminal elements are proved. Which is correct?
  1. The basic acts may fall within recruitment despite only one applicant.
  2. The proviso automatically excludes every one-person transaction.
  3. The basic definition applies only to groups.
  4. A fee converts recruitment into an unrelated activity.
  5. Only the job’s eventual employer can recruit.

Legal references

  • Labor Code Articles 13(b), 40-41: https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html
  • People v. Panis, G.R. Nos. L-58674-77, July 11, 1986, main decision: https://lawphil.net/judjuris/juri1986/jul1986/gr_l-58674_1986.html

Answer this question in flashcards to review your response and continue practicing.