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| Job applicants are advised to check if a recruiter is licensed with DMW |
The Department of
Migrant Workers has welcomed the Supreme Court’s decision to dismiss the appeal
of a Filipina recruiter against the lower courts’ decision to convict her of large-scale
illegal recruitment involving sabotage.
The Philippines’
highest court not only upheld the decision to sentence Natalie Caluducan to
life imprisonment, it also increased the fine imposed on her to Php5 million. She
was likewise ordered to reimburse her three victims the amounts they paid as
placement fees, with interest of 6% per annum computed from the date of the SC
decision.
The SC found
Caluducan, together with her co-accused Tessie Tugaoen, who remains at large,
falsely represented themselves as capable of deploying workers abroad and
collected between Php125,000 and Php212,000 from three victims for placement
and processing fees.
Calucudan had argued
that she could not be held liable for the illegal recruitment of the three
jobseekers from Cagayan in 2012 as she was not the one who received their money
and promised them jobs as worm pickers in Canada.
In dismissing the appeal,
the SC ruled that illegal recruitment may be committed even if the recruiter did
not personally receive the money, as long as the offender gave the impression
of having the power or authority to send workers abroad for employment.
The court upheld the
rulings of both the Regional Trial Court of Aparri, Cagayan and the Court of
Appeals finding Calucudan guilty of massive illegal recruitment along with
Tugaoen, for offering the overseas jobs to the victims, despite having no
licence or authority from the Philippine Overseas Employment Administration.
During the trial, it
emerged that the victims were promised a monthly income of Php88,000 once they
got deployed as worm pickers in Canada.
Tugaoen was the one
who offered them the jobs in 2012 and received from the three the following amounts
in processing fee: Php215,166.14; PHP 212,593.675; and PHP 125,037.35.
Upon Tugaoen's
instruction, the three met with Caluducan in July 2013 to fill up and sign
their purported employment contracts.
During their meeting,
Caluducan represented that she is Tugaoen's business partner. She also assured
the victims months after they had paid the fees that their job applications
were still being processed.
Failing to get
anywhere with their applications despite paying the hefty fees, the victims
asked POEA to check whether Tugaoen and Calucdan were licensed recruiters. They
were informed via a certification that the two were not licensed or authorized
to recruit workers for overseas.
The victims then
sought POEA’s help to file a complaint against both Tugaoen and Calucdan. Tugaoen had by then gone into hiding, while Calucdan pleaded not guilty to the charge of large-scale human trafficking.
The DMW commended the
courage of the victims in pursuing justice, and reiterated its commitment to
protect the welfare and uphold the rights of Filipino migrant workers.
The DMW also reminded
the public to transact only with licensed recruiters and to verify job offers
and recruitment agencies through its webpage: (https://dmw.gov.ph/) before applying or paying any fees.
Illegal recruitment
victims and concerned individuals are
urged to seek help from the DMW's Migrant Workers Protection
Bureau (MWPB) through its Facebook page (https://www.facebook.com/dmwairtip/),
the DMW Anti-Illegal Recruitment and Trafficking in Persons Program, via email
at mwpb@dmw.gov.ph, or through their hotline number (+63 2 8721-0619).
They may also go to the nearest DMW Regional Office to their
location for legal assistance in filing cases against illegal recruiters.