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John Dominic T. Buhangin Labor Law Review I Prof. G.

Santos

REPUBLIC OF THE PHILIPPINES


DEPARTMENT OF LABOR AND EMPLOYMENT
NATIONAL LABOR RELATIONS COMMISSION
NATIONAL CAPITAL REGION
PPSTA BLDG., BANAWE AVE., QUEZON CITY

OFFICE OF LABOR ARBITER x x x


ROOM 311, 3RD FLOOR, PPSTA BLDG.

A, B, C, D
Complainants,
NLRC RAB NCR
- Versus - CASE NO. NCR-

Jose

Respondent.
x-------------------------------------------------------x

POSITION PAPER FOR THE COMPLAINANT

The COMPLAINANT, pro se, respectfully states:

I. Statement of the Facts

1. Jose is applying for employment abroad. He learned that Mario is a very close
relative of Eric Tamayo, the president of Tamayo Placement, Inc., one of the biggest
placement companies in the Philippines sending seafarers abroad.

2. Jose approached Mario and requested that an introductory letter be issued to him
addressed to Eric Tamayo.

3. On his way to Tamayo Placement Corp., Jose passed by four other neighbours,
namely, A, B, C, D whom he also knew were seafarers also applying for employment
abroad.

4. Jose bragged that he was given an introductory letter by Mario to Eric, and invited the
four to join him in applying to said company.

5. Tamayo accepted the application papers of Jose, A, B, C, D, took their passports and
other documents and charged them Php50,000.00 each as placement fee.

6. Eight months later, Jose and the four others are still unemployed and Tamayo is
nowhere to be found.
John Dominic T. Buhangin Labor Law Review I Prof. G. Santos

7. A, B, C, and D filed a complaint for illegal recruitment against Jose.

II. Arguments

8. Jose is liable for illegal recruitment for the following reason/s:

a. That Joses act of inviting A, B, C, and D to apply to Eric Tamayos placement


agency is an act of referral, which is one of the acts of recruitment and
placement defined in Article 13 (b) of the Labor Code;

III. Discussion

9. Jose is liable for illegal recruitment as defined in Labor Code Article 38, which states
the following:

a. ART. 38. Illegal Recruitment.

i. (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.

ii. (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.

iii. 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.

b. Article 13 (b) of the same Code defines, recruitment and placement as: any act
of canvassing, enlisting, contracting, transporting, utilizing, hiring or
procuring workers, and includes referrals, contract services, promising or
advertising for employment, locally or abroad, whether for profit or not:
Provided, that any person or entity which, in any manner, offers or promises
for a fee, employment to two or more persons shall be deemed engaged in
recruitment and placement.

c. The crime of illegal recruitment is committed when two elements concur,


namely: (1) the offender has no valid license or authority required by law to
John Dominic T. Buhangin Labor Law Review I Prof. G. Santos

enable one to lawfully engage in recruitment and placement of workers; and


(2) he undertakes either any activity within the meaning of "recruitment and
placement" defined under Article 13 (b), or any prohibited practices
enumerated under Article 34 of the Labor Code.

10. In this case, Joses act of inviting A, B, C, D to apply to Eric Tamayos placement
agency constitutes referral. According to Rodofo v. People, G. R. No. 146964, August
10, 2006, act of referral means:

a. xxx the act of passing along or forwarding of an applicant for employment


after an initial interview of a selected applicant for employment to a selected
employer, placement officer, or bureau.

11. Jose is neither a licensee nor a holder of authority to deploy workers abroad. Even if
Tamayo Placement Corp., carried a valid license, there was no evidence that the
recruitment agency authorized Jose to act as its agent. Joses not being a licensee or
holder of authority to deploy workers abroad makes him liable for the second
element. This was explained in the case of People v. Martinez, G. R. No. 158627,
March 5, 2010:

a. The fact alone that Marina (Martinez) was not a licensee or holder of authority
to deploy workers abroad, she is already deemed to have engaged in illegal
recruitment. The fact that JH Imperial was a holder of a valid license to deploy
workers abroad did not benefit Marina since there was no evidence at all that
said recruitment agency authorized her to act as its agent.

IV. WHEREFORE, premises considered, it is respectfully prayed that judgment be issued


in favor of A, B, C, and D.

Xxx City, July 8, 2017.

MR. XXX XXX


Complainant
Address: x x x.

SUBSCRIBED AND SWORN TO BEFORE ME in xxx City on July 8, 2017,


affiant showing his competent proof of identity as follows: LTO Drivers License No.
x x x.

Notary Public
Doc. No.
Page No.
Book No.
Series of 2017.
John Dominic T. Buhangin Labor Law Review I Prof. G. Santos

Copy Furnished:

Atty. Xxx Xxx


Counsel for Respondents