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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.
