Professional Documents
Culture Documents
Facts: Carlos applied for a job at Humanlink manpower consultant and seeks to be
employed abroad with the aid of the said recruitment agency as a heavy equipment
driver. Awaiting his flight, the agency made him sign a new contract stating that he
will be recruited as a duct man.
Humanlink told Carlos that his employment as a duct man in said contract
was only for the purpose of entry and was assured that he would be recruited and
will be working as a heavy equipment driver as he wanted to be. Upon arrival at
Doha, he worked as a duct man, hence he filed a complaint with the POEA for
violations of the provisions of POEA for Humanlink made a misrepresentation of the
job application, accepting a fee without issuing a, and imposing an excessive
placement fee and thus upon being held guilty, was relieved of their license to
operate and disqualified its directors and managers from engaging in such
business.
CA denied the appeal of Humanlink but partially made modifications on the
findings of the lower court in disqualifying the directors of said agency from
engaging in such business for doing so would deny them of due process.
Issue: WON the POEA, upon revocation of their license, may disqualify the directors
and heads.
Ruling: The SC ruled that based on the listed qualifications and disqualifications of
the Rules, they are not qualified to participate in the governments overseas
employment program upon such cancellation.
Section 2f, Rule 1, Part II of the POEA Ruls and Regulations:
The following are not qualified to engage in the business of recruitment and
placement of Filipino workers overseas
f: Persons or partners, officers and directors of corporation whose licenses
have previously cancelled or revoked for violation of recruitment laws.
Facts: Spouses Menardo and Vilma met Arlene Lapasaran who worked at Silver Jet
Travel Tours Agency. For a fee of P85,000 Arlene processed papers in order to get
Menardo to work in South Korea. Upon reaching South Korea, Menardo was sent
back to the Philippines because his papers and documents were fake which
prompted him to contact Arlene which the latter promised to return him back to
Korea. After some time, such promise never came back.
Arlene testified as her defense that she never promised to take him back to
Korea. The trial court gave credence to the testimonies of Menardo and his wife.
Issue: WON the crimes of Estaf and Illegal recruitment may be applied in this case
Ruling: Yes, all the elements of estafa is there, namely the misrepresentation
through fraudulent means that she has power to recruit and t\hat damage and
prejudice capable of pecuniary estimation is caused to the offended party.