Husband and Wife Nabbed For Illegal Recruitment

DOLE Secretary Silvestre H. Bello III has directed the immediate prosecution of a couple caught in the act of illegal recruitment.

The CIDG Anti-Transnational Crime Unit, at the instance of the Anti-Illegal recruitment Operatives of the Philippine Overseas Employment Administration (POEA), arrested Stephanie M. Valdez and her spouse Jhoan "Khalil" Yuen, for recruiting overseas Filipino workers without the proper license from the POEA.

Administrator Hans Leo J. Cacdac reported to DOLE Secretary Silvestre H. Bello III the arrest of Valdez and Yuen, which resulted from the complaint of an applicant who said she was promised a job as household service worker in Qatar and was charged a placement fee of Php 65,000.00.

In an entrapment operation inside a supermarket in Quezon City, the joint operatives recovered from the couple the marked money the applicant supposedly paid to the recruiters as additional placement fee.

The applicant said Valdez initially asked her to pay Php 20,000 for processing her papers but she was able to pay Php 14,000 only.

Valdez allegedly directed her to proceed to an agency to sign an employment contract and for stamping of visa, and was asked to pay Php 35,000 for placement fee to Valdez' husband Khaleel Yuen.

Cacdac said the applicant decided not to push through with her application, and sought counsel from the POEA Legal Assistance Division, where she was told that she must pay a total of Php 65,000 placement fee, an amount higher than the amount previously agreed upon.

Under POEA rules and regulations, domestic workers shall only be recruited by POEA-licensed recruitment agencies, which are prohibited to charge any placement fees from domestic worker recruits or applicants.

In the case of the household worker victim of Valdez and Yuen, she was also told to declare that she only paid an amount equivalent to one month's salary as placement fee. Note that payment by a household worker of one month's placement fee is still illegal under POEA rules and regulations.

Recovered from the recruiters were two pieces of Php 500 bills used in the entrapment operations.

The recruiters were brought for Inquest Proceedings before the Department of Justice, for Illegal Recruitment punishable under R.A. No. 8042, as amended, and Swindling under the Revised Penal Code.

Secretary Bello ordered Administrator Cacdac to closely monitor the DOJ proceedings and the eventual criminal case that will be filed before a Regional Trial Court.

The respondents waived their rights under Article 125 of the Revised Penal Code to avail of Preliminary Investigation, and are detained in a detention facility. 

Source:  POEA News

To avoid illegal recruitment read this article: Advisory On How To Prevent Illegal Rercruitment  

All You Need To Know About Illegal Recruitment

 What is illegal recruitment?  Here is a detailed definition on what is illegal recruitment according to Philippine Overseas Employment Administration (POEA) website.

Any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers and includes referring, contract services, promising or advertising for employment abroad, whether for profit or not, when undertaken by a non-license or non-holder of authority contemplated under Art 13 (F) of Presidential Decree No. 442, as amended otherwise known as the Labor Code of the Philippines: Provided, That any such non-licensee or non-holder who, in any manner, offers or promises for a fee employment abroad to two or more persons shall be deemed so engaged. (sec. 6, RA 8042).

It shall likewise include the following acts, whether committed by any persons, whether a non-licensee, non-holder, licensee or holder of authority.

(a) To charge or accept directly or indirectly any amount greater than the specified in the schedule of allowable fees prescribed by the Secretary of Labor and Employment, or to make a worker pay any amount greater than that actually received by him as a loan or advance;

(b) To furnish or publish any false notice or information or document in relation to recruitment or employment;

(c) To give any false notice, testimony, information or document or commit any act of misrepresentation for the purpose of securing a license or authority under the Labor Code;

(d) To induce or attempt to induce a worker already employed to quit his employment in order to offer him another unless the transfer is designed to liberate a worker from oppressive terms and conditions of employment;

(e) To influence or attempt to influence any persons or entity not to employ any worker who has not applied for employment through his agency;

(f) To engage in the recruitment of placement of workers in jobs harmful to public health or morality or to dignity of the Republic of the Philippines;

(g) To obstruct or attempt to obstruct inspection by the Secretary of Labor and Employment or by his duly authorized representative;

(h) To fail to submit reports on the status of employment, placement vacancies, remittances of foreign exchange earnings, separations from jobs, departures and such other matters or information as may be required by the Secretary of Labor and Employment;

(i) To substitute or alter to the prejudice of the worker, employment contracts approved and verified by the Department of Labor and Employment from the time of actual signing thereof by the parties up to and including the period of the expiration of the same without the approval of the Department of Labor and Employment;

(j) For an officer or agent of a recruitment or placement agency to become an officer or member of the Board of any corporation engaged in travel agency or to be engaged directly on indirectly in the management of a travel agency;

(k) To withhold or deny travel documents from applicant workers before departure for monetary or financial considerations other than those authorized under the Labor Code and its implementing rules and regulations;

(l) Failure to actually deploy without valid reasons as determined by the Department of Labor and Employment; and

(m) Failure to reimburse expenses incurred by the workers in connection with his documentation and processing for purposes of deployment, in cases where the deployment does not actually take place without the worker's fault. Illegal recruitment when committed by a syndicate or in large scale shall be considered as offense involving economic sabotage.

Illegal recruitment is deemed committed by a syndicate carried out by a group of three (3) or more persons conspiring or confederating with one another. It is deemed committed in large scale if committed against three (3) or more persons individually or as a group.

The persons criminally liable for the above offenses are the principals, accomplices and accessories. In case of juridical persons, the officers having control, management or direction of their business shall be liable.

Source:  POEA 

Now you know what is illegal recruitment, click here on How To Avoid Illegal Recruitment In Working Abroad.

Recruiters of Factory Workers to Japan Face Illegal Recruitment Cases

The Philippine Overseas Employment Administration is filing illegal recruitment cases against the owner and staff of an establishment found to have been recruiting  overseas Filipino workers without a valid license or authority from the government.

Administrator Hans Leo J. Cacdac identified the recruitment agency as Jomhadz International Corporation, and its alleged owner, a certain Joan Sigua.

Operatives of the POEA Anti-Illegal Recruitment Branch and Anti-Transnational Crime Unit (ATCU) of the CIDG closed down last week its main office located at 2nd Floor, Claveria Building, Circumferencial Road, Barangay Dalig, Antipolo City and its satellite office at 1660 Neptuno St., Paco, Manila.

The POEA officers have verified from applicants that Jomhadz International was recruiting Filipino workers for a wine factory in Japan and charges a placement fee of Php150,000.00.

The POEA prosecution team is preparing illegal recruitment charges against Sigua and her staff identified as Jefferson S. Flores, Charton Villanueva, Renalyn P. Cuevas, Renato V. Padilla, and Jason P. Cabus.

The CIDG-ATCU seized from the office employment documents of applicants, including passports, for inventory and as documentary evidence.

Cacdac advised applicants of Johmadz International to proceed to the POEA Anti-Illegal Recruitment Branch for filing of complaints against the recruiters.

source:  POEA News

POEA Padlocks Travel Agency For Illegal Recruitment Charge

Operatives of the Philippine Overseas Employment Administration and members of the Marikina City Police last week closed down a travel agency allegedly involved in the recruitment of Filipino workers for overseas jobs.

Deputy Administrator Amuerfina R. Reyes, POEA officer-in-charge, identified the travel office as Jamea and Angels Travel Consultancy Services located at 2nd floor, Tancy Building, Barangay Molino, Parang, Marikina City which is owned and operated by a certain Jamea Lawas Barreon.

The POEA operatives reported that they have gathered evidence that Ms. Barreon was recruiting OFWs for overseas jobs. The officers found passports and resume of applicants on the tables, and lists of job vacancies for Korea, Canada, Israel, Japan and New Zealand and framed photos of applicants “scheduled to depart” posted on the office walls.

Travel agencies are not allowed to recruit and deploy Filipino overseas workers.  Under Republic Act No. 8042, as amended by Republic Act No. 10022, any act of hiring Filipino workers when undertaken by one without license or authority from the POEA is considered illegal recruitment.

When interviewed, Barreon readily admitted that she was recruiting overseas workers with the help of a certain “Christian Benito” whom she alleged to be an employee of the Department of Foreign Affairs.

Reyes said the POEA is preparing charges of illegal recruitment against Barreon and her office staff Julietta Balcruz Capistrano, and their names will be included in the POEA’s List of Persons with Derogatory Record.

source: POEA website

Top Ten Ways to Avoid Illegal Recruitment in Working Abroad

The majority of the Filipino workforce dreamed of working abroad.  That is why many Filipinos are giving up a lot of their resources or assets just to work abroad.  However many are also taking advantage of aspiring Overseas Filipinos Workers (OFW) and trying to make a quick buck from them.


This article will explain how aspiring Overseas Filipino Workers can avoid illegal recruitment and saved their money from being handed over to the wrong people.

1. Apply only to recruitment agencies that are licensed or accredited by the Philippine Overseas Employment Administration (POEA).  Not all recruitment agencies in the Philippines are allowed to deploy Filipinos abroad, a recruitment agency needs to comply with the requirements set by the POEA such as the escrow account, business licenses, etc.  

2.  Deal only with licensed agencies with valid job orders.     

3. Conduct business only with persons who is an authorized representative of a licensed agency.  One of the policy of POEA for the licensed recruitment agency is for them to register their employees with the POEA.  

4.  Transact business within the registered address of the agency. Whenever recruitment is conducted in the province, check if the agency has a provincial recruitment authority.     

5.  Pay not more than the allowed placement fee. It should be equivalent to one month salary, exclusive of documentation and processing costs.   

6.  Do not pay any placement fee unless you have a valid employment contract and an official receipt.  The official receipt will serve as an evidence just in case the OFW wishes to file a case against the Philippine Recruitment Agency.

7.   Do not be enticed by ads or brochures requiring you to reply to unknown address such as a Post Office (P.O.) Box.  Furthermore do not enclose or send payment for processing of papers to an unverified person or entity.

8.   Do not deal with training centers and travel agencies, which promise overseas employment.  Take note that travel agencies and training centers are not allowed to recruit aspiring Overseas Filipino Workers (OFW).  

9.   Do not accept a tourist visa.

10.  Don't deal with fixers.

Remembering these points on how an aspiring Overseas Filipino Worker (OFW) can avoid illegal recruitment can save the jobseeker's hard earned money from persons taking advantage of the jobseeker's endeavor in working abroad.

Immigration Staff Sentenced To Life Imprisonment For Illegal Recruitment

Two employees of an immigration consultancy firm were sentenced to life imprisonment for illegal recruitment in large scale by the Regional Trial Court of Baguio City.

In a Decision, Judge Rose Mary R. Molina-Alim of RTC Branch 3 Baguio City found the two accused, Rodolfo A. Domingo Jr. and Roliza S. Batag, guilty of engaging in the recruitment of overseas Filipino workers without the proper authorization from the POEA.

Domingo and Bantag were employees of Global Consultancy Management Services located at 117 Cresencia Village, Baguio City.

41 complainants, most of them from Baguio City, alleged that the two employees collected from them placement fees amounting to PhP35,000 up to PhP170,000 in consideration of the promised employment as domestic helpers for Canada; butchers, factory workers and civil engineers for Australia; and electronic technicians for South Korea with salaries ranging from PhP60,000 to
PhP130,000.

Under Republic Act No. 8042 as amended by Republic Act No. 10022, offering overseas employment in the guise of visa assistance without the necessary license or authority from the POEA constitutes illegal recruitment.

source:  POEA

POEA penalizes 11 recruitment agencies

For the first two months of 2012, the Philippine Overseas Employment Administration has cancelled the license of ten recruitment agencies for charging excessive placement fees and issued a suspension order against an agency for recruiting without a valid job order and other recruitment violations.

Administrator Hans Leo Cacdac said the imposition of penalties upon erring recruitment agencies is in line with his 7-point agenda that includes strengthened enforcement of anti- illegal recruitment laws and licensed recruitment regulations, and improved POEA adjudication record in case disposition.

Cacdac ordered the preventive suspension of Reajent Manpower Services after 40 jobseekers filed 9 recruitment violation cases against the agency.

The complainants alleged that Reajent Manpower Services promised them jobs in Australia either as fruit picker, fruit picker supervisor, cleaner, secretary, office staff or security guard, and required them to pay Php5,000.00 for processing fee and an amount equivalent of their supposed monthly salary as placement fee.

The applicants also claimed that the agency collected from each of them AUD250 for cash bond, Php3,500-Php6,000 for medical tests, Php850-Php950 for trade tests, Php2,600- Php4,500 for local training, and AUD250.00 for theoretical training.

The complainants said the recruitment agency failed to deploy them despite their payments and assurances by its officers and employees. Upon verification at the POEA, the complainants discovered that Reajent Manpower Services has no valid job orders for the promised employment in Australia.

Cacdac identified the other recruitment agencies which license was cancelled from January to February 2012 as: Tai-Fil Manpower Services Inc.; Lucky International Placement Services Inc.; 3R International Manpower Services; EMR Construction and Manpower Services; First Cosmopolitan Manpower and Promotion Services, Inc.; International Progress, Inc; Pearl of Panay Worldwide Manpower Services, Inc.; Roschazz UK Placement Consultancy; Worldgoal Corporation; and Sun Marino Shipping, Inc.

The complainant in the case of Lucky International claimed that she was charged PhP101,000.00 for her job as caretaker in Taiwan.

POEA Governing Board Resolution No. 6, issued in 2006, however, strictly prohibits Philippine recruitment agencies from collecting any placement fee from applicants for household service worker positions, including caregivers.

Cacdac ordered the cancellation of the license of Lucky International on January 24, 2012, and as a consequence, its officers and directors as of April 2007 were disqualified from engaging in the business of recruitment of Filipino workers for overseas jobs.

Lucky International and its surety company were also ordered to reimburse to the complainant the amount of PhP79,060.00 representing the amount illegally collected. In the employment contract, the applicant has the obligation to pay for pre-departure expenses amounting to PhP21,940.00.

The complainant against Tai-Fil Manpower Services Inc. collected from him in 2008, placement fee amounting to PhP100,000.000 for a job as a food processor, also in Taiwan.

Section 3 of Rule V, Part 2 of the POEA Rules and Regulations prescribes a placement fee ceiling equivalent to a hired worker’s one month salary. The prevailing salary in Taiwan in

2008 was NT$17,280.00, which is roughly equivalent to PhP23,000.00.

On January 24, 2012, Administrator Cacdac ordered Tai-Fil Manpower to pay a fine of PhP40,000.00, and to refund to the complainant the PhP77,000.00 excess of the placement fee collected by the recruitment agency. The officers and directors of Tai-Fil Manpower Services at the time of the commission of the offense were also barred from participating in the overseas employment program.

Cacdac said recruitment agencies with cancelled licenses are not allowed to engage in any activity related to recruitment of applicants for overseas jobs.

The POEA has cancelled a total of 566 licenses of recruitment agencies - consisting of 44 sea- based and 522 land-based agencies, since it was mandated to regulate the overseas employment program in the early 80s.

Cacdac reminded jobseekers to be extra cautious when applying for work overseas and report to POEA any observed irregularity.

"Always check the status of your recruitment agencies for your own protection by visiting our website,  www.poea.gov.ph or by calling POEA hotlines 722-1144 / 722-1155, and report those that are still recruiting despite the suspension or cancellation of their licenses," Cacdac said.

source: POEA.gov.ph