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Question: Which of the following statements best describes the controlling rule on liability for illegal recruitment under Republic Act No. 8042 (Migrant Workers and Overseas Filipinos Act), as amended, and who may be held liable, in the scenario below? Facts: Apextra Recruitment Solutions, a Philippine-based local recruitment entity, arranges overseas employment for Mara Dizon, a Filipino nurse, to work for CurioCare Global in Country Z. Apextra collects a placement fee, signs a contract naming CurioCare Global as the employer and Mara as the employee, and facilitates visa processing. CurioCare Global does not hold a license to recruit in the Philippines and does not hire directly from applicants. Mara travels to Country Z and begins work; CurioCare Global pays only 60% of the promised salary and denies certain benefits. Apextra remains active and unpunished. Which statement most accurately reflects the controlling rule and liability exposure for Apextra and CurioCare in this scenario?

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Mara’s remedies lie exclusively in criminal prosecutions under RA 8042; civil damages are not available. Illegal recruitment requires recruitment activity in the Philippines; since CurioCare Global does not recruit in the Philippines, there is no liability on either party. Apextra’s liability hinges on whether it refunded the placement fee before any complaint; if refunded, neither party can be held liable for illegal recruitment. Apextra Recruitment Solutions and CurioCare Global are both liable for illegal recruitment; RA 8042 makes illegal recruitment a crime for any private recruitment entity that recruits and places workers for overseas employment without a license, and the foreign employer that engages or uses such unlicensed recruitment is likewise liable; the two are jointly and solidarily liable to Mara for damages and back wages, with possible criminal penalties.

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