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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.
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.
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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.
"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.
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.
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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.
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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.