ILLEGAL RECRUITMENT possibility of work.

There was no obligation at all because the work

What is the legal rate of interest? It is now uniform, is it not? For
extension of credit, money-based legal interest – 6%. For interest
other than forbearance of money, it is still 6%. But here since the
law specifically states it’s 12%, the Supreme Court says “It is 12%.
Your placement fee will be reimbursed to you plus 12% interest”. So
you read R.A. 10022 emphasizing on illegal recruitment because
illegal recruitment might be committed now even by a licensee.
Before under the old law – the Labor Code and R.A. 8042, if you are
a licensee, you cannot commit illegal recruitment. Now, under R.A.
1002, you can commit illegal recruitment.
How do you commit? Failure to deploy. Unsa manang failure to
deploy? Kanang imong ingnon nga mu adto ta ug Italy para mag
domestic helper. Unya palitan na nimo ug ticket unya pag landing
didto wala diay trabaho. So, illegal nang failure to deploy because it
is known from the start. Dili mana kay naay nahitabong gyera didto
or Act of God or Act of Man beyond the control of the principal. No,
it was known from the very start; therefore, it is a form of fraud.
So, many of this, they are listed down and then there is prohibited
acts. You are a legal licensed recruiter but you ask for fees that are
beyond the approved rates. The question is, how do you prove that?
You must have witnesses. Kay dili mana sila mang issue ug resibo
ana. And you usually don’t ask receipts for that. Ngano man? Kay
kasagaran relatives mana nimo. Kasagaran 50% of illegal
recruitment is by relatives. That’s why it is very difficult to prove.
Kanang mga gipang illegal recruit, tawag mo sa POEA. Naay
hotline. Mangutana mo, “kaning Universal Recruitment Corporation,
tinuod ba ni? Lisensyado ba ni?” Muingon man dayon na sila, “wala
nay lisensya, wala mana dire sa listahan”. But even if there is a
license, the license is location specific. Kung Pasay City ra gani ka,
Pasay City ra jud ka maka recruit. Mang recruit gani ka sa lain nga
lugar, illegal recruitment na na. Because, the license contains the
places that you have the authority to recruit. It is place specific – the
license.
Illegal recruitment – the law prohibits employees and officers of the
DOLE, much more the POEA, from entering into business of
recruitment. Even the relatives up to the 4 th degree of consanguinity
or affinity. Kung naa gani silay relatives, it is presumed that it is
theirs. What is the consequence if the license manning agency or
recruitment agency commits illegal recruitment and it is pursued or
prosecuted criminally? It is the officers that are penalized. If the
officers and the principal stockholders are officers or employees of
the Department of Labor or the POEA then the penalty maximum
degree is applied and meted out to the violators.
that you are offering is non-existent. So that is already fraud from
the start. That is Estafa besides being illegal recruitment. Alright, I
leave you to read this.
The next thing we take up is employment of non-resident aliens.
That means if you are an alien but if you are a permanent resident
in the Philippines, you are not covered by this. Now, there are two
things. There is a working visa which is issued by the Bureau of
Immigration. And there is a work permit and the work permit is a
certification permit. What is required is the employer here who
wants a foreign worker to fill up the position, he must advertise. And
then, from the advertisement, after several weeks there are no
takers, then he says “I am bringing in this man from outside to
occupy this position which will be needed and I promise that for the
duration that he’s here, there will be at least two understudies who
will be trained to eventually take over his position”.
TIM CONE v. NLRC
Who is Tim Cone? The basketball coach of Alaska before and
now, Ginebra (but that is also San Miguel, is it not?). When he
was first brought in by the Uy Teng Su – the owners of Alaska.
The first to oppose were the Association of Philippine
Basketball Coaches mao nang naay kaso. And, they pointed out
that he does not have a work permit. What happened? The
answer of Tim Cone is “I have a working visa issued me by the
Bureau of Immigration. I will be coaching Alaska.”
What was the ruling? The Supreme Court said “You need
immigration visa and you need the work permit of a non-
resident alien.” Before the case was finally decided, Tim Cone
was by act of Congress made a Filipino Citizen. So, the
Philippine Basketball Coaches Association could no longer
pursue the case because it became moot and academic.
In the United States, it’s the same – Labor Certification Visa. If your
employer advertises for the position but he cannot find any fillers in
the position, he can bring in a foreigner to fill up the position. So,
Labor Certified Visa mao na ang gi kinahanglan.

Another prohibition, if you are an officer or stockholder of a travel

agency you cannot make and apply of a license to operate a
manning or manpower deployment agency. Once again, if you are
caught illegal recruitment, and you have violated this prohibition –
maximum penalty. If the one you recruited is a minor? Maximum
penalty. There are so many nuances now of the law that makes
illegal recruitment very strict. The penalties are very grave now.
Lalo na yang you have been subject to a complaint before and the
complaint was simply dismissed because of the failure to prosecute
of the complainants. The next time your name comes up, then the
law will be much much harsher on you because you are presumed
to be a repeat offender. Dili mana recidivist kay dili mana Revised
Penal Code, special law man na.

Although, the Supreme Court has said that you can be charged with
illegal recruitment and at the same time Estafa; there is no double
jeopardy. How could you be charged with Estafa? At the time you
were recruited, nangayo ka dayon ug downpayment sa imong
recruitment fee unya wa man kay kwarta so nag issue kag cheque.
That is Estafa because at the time of issuance there was actually no