Mabatid, Gamallo & 4 others charged with large-scale illegal recruitment

 

Mabatid (in white) is confronted by OFW-applicants in HK 
who asked  for police help to demand a refund

The Philippine Justice Department has filed large-scale illegal recruitment and estafa charges against Cebu-based recruiters led by former Cebu City councilor Prisca Nina Mabatid, for allegedly offering   jobs to Canada in the guise of student visas, to 11 complainants.

Named as Mabatid’s co-accused in the case were her partner, lawyer Russ Mark T. Gamallo, Clark M. Jueco, Vincent Adam Hechanova, Clint Victor A. Caingles and Noverna “Bernie” S. Uy.

They were all indicted for allegedly using Opportunities Abroad Visa Processing Services Inc., a company not licensed with the Department of Migrant Workers, to promise jobs in Canada to the complainants in the guise of student visas.

After being told to pay at least Php104,000 (US$1,700) each, the complainants were made to sign a  memorandum of agreement (MOA) which stipulated that they could not claim a refund for whatever happened to their applications.

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Mabatid and Gamallo are also accused of about 20 overseas Filipino workers in Hong Kong of having duped them into applying for student visas in Canada, saying they were to go there on a "study-work program." The recruitment activity on Feb. 19, 2023 is fully recorded on video by some of the applicants.

Also named in the complaints filed with the Hong Kong Police and the Philippine Consulate General is former overseas Filipino worker and known blogger Bryan Calagui.

The DOJ complainants are shown at a rally against Mabatid organized
by Migrante International, which helped them pursue thier case

Large-scale illegal recruitment is a non-bailable offence punished with life imprisonment under Sec 6 of RA 8042 or the Migrant Workers and Overseas Filipinos Act of 1995, as amended by R.A. No 110022.

Estafa under Article 315 of the Revised Penal Code is punishable with imprisonment ranging from a few months to several years, depending on the gravity of the offence and the amount involved.

In Mabatid’s case, the DOJ recommended that she be indicted for four counts of syndicated illegal recruitment and four counts of estafa, for her "active participation" in four orientations, either as speaker, moderator, designated contact person or recipient of the payments.

Gamallo, along with Hechanova, Caingles, Uy and Jueco were deemed liable for the illegal recruitment of seven applicants.

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"They admitted to being aware of their company's advertisement campaigns/orientations and have actively participated therein either as speakers, signatory to the MOAs and MOUs, (memorandum of understanding) or recipients of the payments of the complaints," said the Resolution.

Gamallo is indicted for seven counts of syndicated illegal recruitment and seven counts of estafa.

Hechanova is charged with seven counts of illegal recruitment, one count of simple illegal recruitment, and eight counts of estafa.

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Uy faces the most number of charges: eight counts of syndicated illegal recruitment  and one count of simple illegal recruitment, plus nine counts of estafa. 

Finally, Jueco was indicted for eight counts each of syndicated illegal recruitment  and estafa as he admitted  signing the MOAs that the complainants were made to sign.

The indictment

The case arose from the complaints filed by Adolfo P. Taol, Amihan R. Alvarez, Lara Mae M Tamio, Timothy Paul Prudente, Ronel G. Robles, Vianca A. Doce, Eduardo F. Corpuz, Jr., Marlon C. Aloc, Freia Gin B. Jardencio, Jelene Mhay Raqueno, and Nerceilen D. Cotillon.

They claimed to have been enticed to apply for the study-work scheme by the accused using  OAVPSI, during recruitment seminars held in various parts of the country, including Cavite, Batangas, Laguna and Ilocos Sur.

Ten of the complainants were found to have provided sufficient ground for the filing of charges against the accused. However, Raqueno’s complaint was dismissed because she made no mention in her complaint-affidavit and during the clarificatory hearing that she was promised a job in Canada.

The successful claimants who said they learned about the recruitment through Facebook and other social media, claimed they were assured by the respondents that they could work in Canada to support their studies and living expenses.

In addition, they were allegedly promised they could get student visas in just three months, and that they would be granted a loan of Php1 million each as “show money” to support their application for the visa.

After being forced to sign the MOA, they said the respondents made no genuine effort to help them secure the promised visa. They were also denied their requests for a refund.

Mabatid's flyer for her recruitment session in HK clearly promises visa in 3 months

The complainants said they were enticed to enlist because the group was supported in its recruitment drive by local government units and some Public Service Employment Office (PESO) branches.

Mabatid and her co-accused also told the applicants they had the support of powerful politicians like President Ferdinand Marcos, Jr. and Senator Raffy Tulfo and entertainment personality Willie Revillame in their recruitment activities.

In their defense, the respondents said they were not engaged in any recruitment activity as they only offered student visas and not employment. As proof, the complainants should have presented employment contracts detailing the alleged job offer, in line with Philippine laws, according to them.

Mabatid also denied any affiliation with OAVPSI, but said she assisted in setting up the company whose president and CEO is Gamallo, and not Jueco as alleged by the complainants. She also claimed that the reason the complainants' applications did not prosper was because they chose not to pursue them.

However, the DOJ said, “The mere denial of the respondents that they are not engaged in any recruitment activity cannot prevail over the complainants’ positive identification of the respondents as the persons who made representations to them to have the capability of sending them to Canada for schooling and employment.”

Further, it said that the illegal recruitment in this case is deemed committed by a syndicate as it was sufficiently established that more than three persons in this particular instance, acted together in the illegal recruitment of the complainants.

The respondents were also deemed to have committed estafa for having made fraudulent representation to entice the applicants to part with their money.

The resolution was made by Senior Assistant State Prosecutor Susan B. Azarcon and approved by Prosecutor General Richard Anthony D. Fadullon.

After the Resolution is submitted in court, the judge may immediately issue warrants of arrest against the accused. But they may hold it off by submitting a motion for reconsideration to Justice Secretary Crispin Remulla within 15 days after receipt.

 

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