POEA charges Ylagan with massive illegal recruitment

By Daisy CL Mandap

Ylagan is caught on camera counting
money paid by an applicant

The world has just gotten smaller for Ester P. Ylagan.

The 65-year-old recruiter accused of fleecing no less than 200 overseas Filipino workers of tens of thousands of dollars in exchange for non-existent jobs in Canada and Britain two years ago, has just been charged by Philippine authorities with illegal recruitment.

Ylagan used to co-own with her late husband Emry's Service Staff Employment Agency, the biggest recruiter of Filipino domestic workers in Hong Kong. She also owned Mike's Secretarial Services, which she used in her apparent recruitment scam.

In a memorandum dated Mar 13, the Philippine Overseas Employment Administration informed  Labor Attache Jalilo dela Torre that a criminal case for illegal recruitment had been filed against Ylagan with the Department of Justice.

In addition, two administrative charges were filed against her: one for “unjustifiably collecting fees from the workers”, and another for “committing a felony or crime punishable by the laws of the Philippines or the host country.

Under Philippine laws, illegal recruitment is a serious offence for which the maximum penalty could be life in prison. Bail could also be withheld for one charged with the gravest form of the offence.

Contacted by The SUN on the phone, POEA Administrator Bernard Olalia confirmed that the information filed against Ylagan was for “syndicated illegal recruitment”, meaning the case against her involved at least three alleged victims. Because of this, Ylagan will be held without bail once a warrant of arrest is issued against her.

He said that it was up to the DOJ to file the case in court, after which an arrest warrant could be issued once “probable cause” is established.

“I will still have to find out if the DOJ has already made that determination,” Olalia said.

A flyer from Ylagan's company, Mike's, offered
'any job available'in UK and Canada

Around 10 Filipinos, many of them relatives of OFWs in Hong Kong, have filed complaints with the POEA against Ylagan, who allegedly charged between $10,000 and $15,000 for bogus jobs in Britain and Canada.

Some of them personally brought their complaints directly to Olalia late last year, when he was still 

acting POEA administrator. They were accompanied to the meeting by migrants rights advocate Susan Ople, who has been keeping tabs on the case.

At least 200 more OFWs have filed complaints against her with Hong Kong police. On Mar. 11, the police began looking at the case in earnest after a group of lawyers divulged in a media interview that Ylagan could have also engaged in big-stakes money laundering, partly using the money paid her by the applicants.

Olalia also confirmed that one of the administrative charges being pursued against Ylagan was for her “unlawful exaction of fees”, for which the maximum penalty would be the cancellation of her license.

However, this charge may have become moot when she voluntarily ceased operations after POLO Hong Kong cancelled her accreditation, meaning she could no longer recruit Filipinos for work in the city.

The other administrative charge, over a felony or crime she may have committed in the Philippines or Hong Kong, could be over the money laundering allegation against her.

Documents shared with The SUN by the group looking into this angle showed Ylagan, along with her two sons, a son’s girlfriend and former staff members, appeared to have moved millions of dollars to places as far apart as Nigeria and Malaysia. The documents have been turned over to Hong Kong authorities who are looking into the case.

Some of the applicants who sought help from HK Police

Meanwhile, the police in Hong Kong have begun interviewing around 80 OFWs who had complained against Ylagan’s apparent recruitment scam as early as July 2016.

A total of 32 OFWs were reportedly interviewed and asked to submit additional documents during the whole-day session held at the Central Harbourfront Station on Mar. 11. The others are being called for similar interviews this coming Sunday, Mar. 18.

Up until this time, Ylagan managed to avoid going to court, despite being the subject of numerous complaints from Filipinos – in Hong Kong, Macau and the Philippines – who claimed to have paid her thousands of dollars for the fictitious jobs she offered.

It appeared Ylagan charged HK$15,000 for each job applicant to Canada, and HK$10,000 for those who wished to work in Britain. Several applicants claimed they paid her for multiple placements, in hopes of bringing along their relatives back in the Philippines to their dream destination.

Failing to get her arrested for fraud, the applicants took their case to the Small Claims Tribunal, where Ylagan sent representatives to contest the claims, while she slipped out to the Philippines in mid-July 2016.

Before leaving, she filed a complaint with the Hong Kong police against a business associate she named as “William Clinton James”, who she claimed, was the one who made her do the recruitment for the bogus jobs.

Ylagan said Clinton James made her send nearly $8 million cash to unknown people in Burkina Faso, on the promise that he had jobs waiting for her recruits. For her effort, she was supposed to get a British passport, 15 plane tickets to London, and a chance to explore business opportunities in the United Kingdom.

At the Tribunal, about two dozen claimants were awarded their claims until Ylagan, though a representative, succeeded in getting all the claims transferred to the District Court early last year.

A TV news report in the Philippines about the cases pending against her in Hong Kong succeeded in flushing Ylagan out of hiding in Manila. She returned to Hong Kong in December last year, and immediately went to the police to file another complaint; this time, against her ertswhile friend, Ody Apostol Lai, who allegedly used deception to get a flat formerly owned by Ylagan and her late husband transferred in her name.

The two-bedroom Aberdeen flat, which costs around $6.5 million at market rates, is being sought by Ylagan’s applicants for attachment so their claims could be satisfied. The applicants have been granted Legal Aid in pursuing their case against Ylagan.

The next hearing of the claims before the District Court has been set for May this year.

Filipina maid shines as ‘Martika’, in RTHK’s new TV movie

By Vir B. Lumicao 

Selena M. Gomez

She may be just an ordinary Filipina domestic worker, one of the 200,000 OFWs who serve in Hong Kong homes.

Yet, in recent weeks, this simple, unassuming “kongyan” who goes by the screen name Selena M. Gomez, has transformed herself overnight into a movie star propelled by the “can do” spirit of dwellers of this bustling city.

It would look like Selena’s transformation was meant to be, as it came at the right time and at the right place.

When Radio-Television Hong Kong was hard-put to find somebody who could play the role of a foreign domestic worker in an episode of its long-running TV series “Below the Lion Rock,” the show’s director stumbled across Selena.

“Kasi yung friend ng amo ko, famous TV director dito sa Hong Kong – si Heiward Mak,” said Selina in an interview with The SUN recently.

The 31-year-old maiden from El Nido, Palawan, said she met Mak when he came to visit her employer.

At the time, the director had a handful of candidates for the role of  “Martika”– both Indonesians and Filipinas – with the best bet being a performer at Disneyland. But Mak eventually thumbed down the woman for being too pretty and fair skinned, thinking she wouldn’t pass for a servant.

“Tapos minsan dumalaw siya sa bahay ng amo ko at nakita ako. Sabi ni amo, ‘Siya na lang ang kunin mo. Kumakanta pa iyan.’ Kasi naririnig niya kapag kumakanta ako habang nasa kusina,” said Selena.

Selena M. Gomez plays the role of Martika, a domestic helper, in RTHK’s TV movie.

She said Mak sized her up, then agreed to give her a try. He endorsed the Filipina to a colleague, director Fei Pang Wong, who would do the particular “Below the Lion Rock” episode. The director asked her to attend two acting and dancing workshops in a Mongkok studio before shooting.

At the same time, Wong and the production crew patiently visited her for days, after 9:30pm, when her daily work was done, to get to know her better and help her become comfortable with their company before the camera rolled.

Selena said it took a total of eight days in February and March to shoot “Martika”, in addition to the two days of workshop and two days of casting.

She was told beforehand she would not get a penny for starring in the movie because of legal issues, and she said she understood the situation and that the once-in-a-lifetime opportunity to play the lead role in a movie – which was not even in her wildest dreams – was more than enough compensation for her.

“Martika,” the film title, is also the name of the lead character in the movie about a Filipina domestic helper who struggles to give care to elderly dementia sufferer Kam Fai (Li Ying To) while she tries to resolve a family financial crisis long-distance by phone.

One winter day, Martika was too absorbed trouble-shooting her family problem when her employer Alan Chung (Patrick Tang) gave her an urgent call and rushed home. She was shocked to find out that her elderly ward had gone to the bathroom all by himself to take a shower, got locked up and left the tap open, sending water flowing out into the flat.

For Selena, the scene in which Alan was crying in one corner while she was also crying in her bed, was the toughest part of the movie.

“Ang hirap ng eksena na iyon, yung umiiyak si Alan, tapos ako umiiyak din sa kabilang kuwarto. Ang hirap pala talaga ng iiyak ka sa camera. Pero pinagtiyagaan ko dahil it’s a very rare opportunity,” the newfound actress said.

 She said director Wong and the crew complimented her after the shooting for her “very natural” acting, telling her she would win an Oscar. It wasn’t a joke, as Selina said  RTHK is planning to enter “Martika” in this year’s Hong Kong TV Awards.

“Sobrang nakaka-inspire kasi sa dinami-dami dito ng naghihirap, out of 300,000 ako pa ang napili kaya hindi ko sinayang ang opportunity,” she said.

RTHK TV aired a shortened, 45-minute version of “Martika” on Nov. 26. The full movie is one hour long. After that, Selena got a deluge of friend requests on a special “Martika” Facebook page that RTHK had set up for her.

Selena said one of her avid fans is her lady employer, who accompanied her to the nightly shoots, staying up until 3am despite having to work the next morning. Another is the mayor of her hometown, Nieves Cabunalda-Rosento, who was so proud of her that she shared the Youtube-uploaded movie with friends.

“Very relevant yung story, it’s actually about us domestic helpers… very OFW talaga. Money matters, manghihiram ka sa lending. Very relevant kaya maraming nakaka-relate. Mas maganda kapag Hong Kong viewers para makita nila na mahalaga rin kami sa buhay nila,” Selena said.

Selena’s dream is to earn a college degree. She was just 17 when poverty drove her to Manila at age 17, where she worked as a maid and went to college at night. She was in her first year as a BS Education student when she decided to work in Hong Kong.

“Gusto kong i-encourage ang aking mga kapwa Pilipina na hindi basehan yung may pinag-aralan ka, o ganito, huwag nyong sabihin na kahit katulong ka lang wala kang natapos, hindi tayo pwdeng mag-excel sa trabaho natin o gumawa ng iba. No, we can. Ang trabaho natin pagbutihin natin.”

“Ako po, yun ang laging rason, mahalin mo ang trabaho mo, mamahalin ka rin niya.”

Whether she’s doing the laundry or acting in front of the camera, this belief is what keeps Selena going.

Namulat na?

Ni Ate Kulit

Isa sa mga nakakainis na kasong nasaksihan namin ay ang illegal recruitment noong mga nakalipas na taon. Hanggang ngayon ay hindi pa nabibigyan ang mga ito ng kaukulang aksyon ng pamahalaan ng Hong Kong.

Kaya hanggang ngayon, hindi pa rin naparurusahan ang mga nanlimas ng milyong dolyar sa mga OFW na ang tanging hangad ay makaahon sa kanilang kinalalagyan ngayon sa Hong Kong sa pamamagitan ng pagpunta sa iba’t ibang mauunlad bansa. Saan galing ang perang ito? Pansinin ang opisina ng mga pautangan. Marami sa nakapila doon ay para magbayad sa utang na napunta lang sa pagkakamaling ito.

May mga pagkakataong nakipagbangayan kami sa mga pulis na ayaw makialam sa mga kasong ganito dahil, sa tingin nila, ang mga nagrereklamo ay naghahabol lang na mabalik ang pera nila— at hindi trabaho ng pulis ang magsilbing kolektor.

Bakit hindi makita ng mga maykapangyarihan na ang mga ito ay kaso  ng panloloko, kung hindi man mas malalang kaso ng human trafficking?

Ang dahilan ay masyadong bago ito sa pandinig ng Hong Kong. Kahit maraming gawain na ang ipinagbabawal sa Pilipinas, gaya ng illegal recruitment, hindi sila kilala sa Hong Kong.

Pero unti-unti, nakakarating ang mga hinaing ng OFW sa matataas na opisyal ng Pilipinas at Hong Kong. Namumulat na ang mga mata ng mga gumagawa ng patakaran sa Hong Kong na may ganitong mga krimen.

At ang unang sigwa ng pagbabago ay makikita natin sa paghihigpit sa mga employment agency sa Hong Kong.

Sa mga nakalipas na taon, hindi pinapansin ang panloloko ng mga ahensiyang hindi nakalista sa Labour Department. Ika nila, wala naman silang kapangyarihan sa mga ito dahil hindi nga rehistrado. Ngayon, ang operasyon ng mga ahensiyang hindi rehistrado ay ilegal na at pinaparusahan.

Noon ay banayad lang ang parusa sa sobrang paniningil sa kanilang aplikante. Kaya naman patuloy nila itong ginagawa dahil kikita pa rin sila kahit pagmultahin ng paulit-ulit.

Ngayon, hindi lang multa , na itinaas sa $250,000 mula $50,000, ang kakaharapin nila. May parusa na ring pagkakakulong.

Light and darkness

By Daisy Catherine L. Mandap

The past two weeks produced both good and bad news for our migrant workers.

First, the good news.  Hong Kong legislators finally passed a law that prescribes a prison term of up to three years for employment agency operators who commit either one of the two grievous sins: overcharging a job seeker, or operating without a license.

What’s more, the maximum fine for either offence was raised a whopping five-fold, from $50,000 to $250,000.

This should put an end to the past anomaly of recruiters being fined a fraction of what they had collected from their applicants that they could virtually laugh their way out of a labour prosecution.

Also, the new measure makes it clear that yes, labour officers do have jurisdiction over people who do not bother to get licensed before offering all sorts of jobs to our workers.

In the past, we used to get shocked when labour officers would tell us that they could not go after an illegal recruiter because this person was not licensed by them. Then, when we’d try to help bring the matter to the police, we would be told they had no jurisdiction over the case either.

This caused us a lot of frustration, and even more grief to victims of recruiters who must have realized that the easiest way to avoid liability is to simply duck from the sight of law enforcers.

Another heartening measure, though not entirely satisfactory, is the extension of the prescription period for filing a case against a rogue agency, from six months to 12 months.

We have long argued against this provision, as it allowed some of the most notorious recruiters hereabouts escape liability. All they had to do was to make the job applicant wait for at least six months for the placement that never came, or stagger the illicit payment to beyond this prescribed term, to escape prosecution.

All told, the new measures lend considerable teeth to the effort to protect migrant workers from unscrupulous recruiters.

Now, for the bad news. Just five days after these tough new laws were passed, a High Court judge came up with a bummer. He said the 15-year-old policy of making foreign domestic workers live with their employers could not be assailed in court.

Among his reasons were: 1) a maid from overseas can choose not to come here if she does not want to live with her employer; 2) it was really the intention of policymakers to make live-in mandatory but decided to make this clear only in 2003 when they included this requirement in the standard employment contract; 3) making workers live in close proximity to their employers does not heighten their vulnerability; meaning an abuser will always be an abuser, whether near or far away.

It does not take much effort to see how narrow-minded, even arrogant, this kind of approach to finding a solution to the long-standing problem of migrant workers being left vulnerable by making them live with their employers 24 hours a day, 6 days a week.

By asking them to uproot themselves and come here to do the work that most locals shun, the government has the responsibility to ensure that they are well protected, not just in terms of salary, but also insofar as their health and welfare is concerned.

And yet, migrants are not even asking for the total scrapping of the live-in arrangement, but simply to make it an option. This is just to ensure that some of them are spared the indignity of being made to sleep in all sorts of unimaginable places like tiny cubicles, storage rooms, common areas such as living rooms and kitchens, and even toilets.

When even a decent sleeping place is denied a migrant worker who is on call practically all day, shouldn’t we protest? When their work contract does not even stipulate the number of hours they should be working, shouldn’t we at least ensure that they have their own place where they can rest after a hard days’ work?

Is it too much to ask to allow them to live a bit more comfortably, just because they agreed to take on a job deemed lowly by many?

An appeal is definitely worth looking into. Until then, we should not stop fighting for what is right, and just, for our migrant workers.

Maid cries ‘foul’ after being charged $1,500 for panties that clogged pipe

By Vir B. Lumicao

The proof: all her panties
could be accounted for

A Filipina domestic worker sought help on Mar. 11 after her employer deducted $1,500 from her salary allegedly because her panties had clogged the toilet sewage pipe.

The offended Filipina sent photos of her stack of panties to Labor Attaché Jalilo dela Torre, saying none of her underwear was missing.

But she said her employer was unconvinced that she was not the culprit, insisting the stuck panties were hers because she was the only one using that washroom. So, she paid the maid just $2,710 for March.

The worker complained that each time something was broken at home, her employer would blame it on her, and would quickly deduct the cost from her salary. In all, she reckoned she had been deducted $5,000 for damages she swore she had not done.

The employer had allegedly said their employment agency, Smart Employment, had told her she could deduct the damage from the helper’s salary.

The maid went to the Philippine Overseas Labor Office the following Sunday to seek help, and a volunteer accompanied her to Dela Torre. The worker also complained that her passport had been kept by her employer since she started working for her.

Dela Torre called up Smart Employment and reminded it that any salary deduction beyond $300 was illegal. The agency relayed the message to the employer and she agreed to return the money.

“It’s wrong because there is a law against excessive deductions,” the labor attaché said.

He said it was up to the worker to take up further action against the employer, but, as always, that has to be balanced with the continuation of her own job.

Dela Torre later said the employer had paid back, and had returned the helper’s passport.

Filcom leader dies after being hit by car

Larry Sevilla at a Filcom event
(from his Facebook page)

By Daisy CL Mandap

Many Filipinos in Hong Kong have taken to social media to express shock at the sudden death yesterday (Mar 10) of Larry Sevilla, a resident and founder of 1Ganap Guardians and vice chairman of Duterte Alliance Hong Kong.

Sevilla, 51, succumbed to severe head injuries sustained after being hit by a car near Times Square in Causeway Bay on Friday night. He is survived by his wife Michelle and their two young daughters, plus a teenaged daughter from a previous relationship.

According to the police, Sevilla was “reportedly knocked down” by a Tesla car that was coming out of Canal Road East corner Russel Street in Wanchai at 8:34pm on Mar. 9. He was rushed to Queen Mary Hospital unconscious, and was declared dead at about noon the next day.

The 74-year-old driver surnamed Lo was reportedly arrested and charged with “dangerous driving causing grievous bodily harm”. With Sevilla’s death, the charge would likely be changed to

dangerous driving causing death. The police said they will provide an updated report on the case tomorrow, Mar. 12.

Also injured in the accident was a passenger in Lo’s car, a 71-year-old woman surnamed Lee, who was taken to Ruttonjee Hospital in Wanchai “in a conscious state”, said the police.

The wrecked Tesla and paramedics about to take
Sevilla to the hospital (photo by Dulce Abatay)

A report in the Chinese newspaper, Apple Daily, quoted a bystander as saying that the driver had apparently hit on the gas pedal instead of the brakes when he saw Sevilla in front of him as he got out of the carpark. As a result, the car accelerated forward, running over Sevilla, before stopping when it hit the concrete pavement of the Canal Road flyover on the opposite side of the road.

Sevilla's friends said he was walking on his way home with clothes he had just picked up from the laundry. 

According to Danny Baldon, officer of the assistance to nationals section of the Consulate, Sevilla’s remains are still at Queen Mary Hospital’s mortuary, where they are scheduled to be identified formally to the police by his widow early this week.

Several people have called out to members of the Filipino community for financial help for Sevilla’s family so his body could be repatriated back to the Philippines. 

Among them is Marvin Cometa, chair of DAHK who said he will hold a fundraising event for Sevilla on Mar. 25, either at his pub, The Port, or at the back of the General Post Office building in Central where his group often holds outdoor shows.

Cometa said many community leaders want to extend help, knowing how difficult it must be for Sevilla’s young family to cope with his passing.

The call was echoed by Jennifer Gafate, who is also an officer of DAHK and a close friend of the Sevillas. Gafate visited Michelle Sevilla at the hospital to condole with her and offer help. She said she was just in the Sevillas’ home in Causeway Bay a few days ago to discuss some projects she and the deceased had been planning together.

Sevilla worked for Bolaven Hong Kong, a coffee farm with a cafe in Wanchai. But he was widely known in the community as a staff member of Metrobank, where he worked for several years.

Sevilla listed his hometown on his Facebook page as Del Gallego, Camarines Sur. Gafate said that’s where his remains will likely be repatriated.

Many of Sevilla’s friends remember him as being soft spoken and kind, and a devoted father.

Metrobank's Merlinda Mercado, who is godmother to one of Sevilla's kids, said she and her husband were heartbroken when they say the deceased in hospital. She said the doctors had told them he did not have much time to live as he was already on life support. He died shortly after they arrived.

Mercado was the first to announce his death on Facebook. "May your soul rest in peace, Pare Doc Larry", she posted. 

Mercado said many of Sevilla's former colleagues in Metrobank, including a former senior officer, are helping raise money for his family. 

Larry with wife Michelle

Another Filcom leader, Gemma Lauraya of the National Organization of Professional Teachers - Hong Kong, thanked Sevilla for readily volunteering as “proctor” during licensure examinations held here.

In Manila, former Consul Charles Macaspac also sent a message, asking if the news about Sevilla’s death was true. Told that it was, he said: “That’s too bad. He was a big help in organizing the Independence Day celebrations and the annual Concert in the Park.”

Former Consul General and now Ambassador to Vietnam Noel Servigon, said in Facebook message: “Condolences to the family. I remember Larry as an active community leader.”

Cometa, who was also quick to announce Sevilla's passing: “We were deeply shocked and saddened to hear the death of our vice chairman Mr. Larry Sevilla…He and his team were one of the most sincere and most active volunteers during the campaign period who supported PRRD”.

He said he would be announcing details about Sevilla’s wake as soon as he gets more information.

Govt goes after recruiter of OFW kept in Kuwait freezer

The National Bureau of Investigation (NBI) has begun looking at the possible liabilities of the Filipino recruiters of Joanna Demafelis, the 29-year-old worker who was killed and kept in a freezer in an abandoned house for one year in Kuwait.

Presidential spokesman Harry Roque said President Duterte had tasked the NBI to summon Demafelis’ recruiters.

The International Police had arrested Demafelis’ employers, Nader Essam Assaf, a Lebanese, and his wife Mona Hassoun.

Hassoun is in the custody of Syrian authorities in Damascus.

Roque said the government hopes the couple would be prosecuted and punished the soonest time possible.

Foreign Secretary Alan Peter Cayetano said they expect Kuwaiti authorities would request the extradition of Assaf to stand trial for murder in Kuwait.

“Assaf’s arrest is a critical first step in our quest for justice for Joanna and we are thankful to our friends in Kuwait and Lebanon for their assistance,” Cayetano said.

He has confirmed that Lebanese authorities already have custody of Assaf.

Citing an initial report from Philippine ambassador to Kuwait Renato Villa, Cayetano said Hassoun was arrested with her husband in Syria where the two fled after leaving Kuwait last year.

Kuwaiti authorities discovered early this month the battered body of Demafelis inside a freezer in the couple’s abandoned apartment.

Cayetano said the DFA and the Department of Labor and Employment (DOLE) would follow President Duterte’s instructions to vigorously pursue justice for Demafelis.

Duterte visited Demafelis’ wake in Sara town, Iloilo last Thursday, vowing to seek justice as he lashed out at Kuwait for its slow-paced action on the murder of the Filipino worker.

The victim’s mother Eva had said they went to the recruitment agency that sent Demafelis to Kuwait after they lost contact with her in 2016. She found out that the recruitment agency was ordered shut down for numerous violations.

Demafelis was recruited by Our Lady of Mt. Carmel Global E-Human Resources Inc., which was shut down in 2016.

The foreign recruitment agency that handled Demafelis’ deployment was Fadilah Farz Kaued Al Khodor Recruitment Office, currently on the watchlist of the Philippine Overseas Employment Administration (POEA) because of a pending case, according to a report on CNN Philippines.

Labor Secretary Silvestre Bello III said the recruitment agency would be held accountable “civilly or administratively” for what happened to Demafelis.

“Unless the Kuwaiti police have evidence to link them to the violent death of Joanna, in that case they could be held criminally liable. We will look for them,” Bello said.

Authorities said some 252,000 Filipinos work in Kuwait, many as domestic helpers. They are among over two million Filipinos employed in the region, whose remittances are a lifeline to the nation’s economy.

About 10 million Filipinos work overseas and their treatment abroad is often a political issue at home.

Since the Philippine government stopped the deployment of workers to Kuwait five weeks ago, it has also repatriated Filipinos from Kuwait.

The Philippine Airlines, the country’s flag carrier, has so far brought home a total of 1,540 Filipinos from Kuwait for free.

Filreflex celebrates 13th anniversary

By Ellen Asis

The Filipino Reflexologist and Massage Therapists Association (Filreflex) celebrated its 13th year anniversary on Feb. 11 at the Bayanihan Centre in Kennedy Town with the induction of its new officers, led by Lilia Ranas, a University of the Philippines graduate and a registered nurse.

Administering the oath of office was Vice Consul Robert Quintin, who congratulated the new officers, and encouraged them to continue their mission of providing service, and of being good examples to their fellow Filipinos.

Also in attendance was Florence Belenario, one of the pioneers of the group who said she will continue helping the group provide the service they are best known for, which is massage.

One should not underestimate the healing power of massage, she said, as this helps relieve the bodily pain experienced by many Filipina domestic workers because of their long hours of work.

Belenario also encouraged the new members to keep improving their massage therapy skill as this could help them earn a decent living when they decide to go back home in the Philippines.

Filreflex is the first wellness massage group to be organized in Hong Kong. It was founded in 2005 by a group of Filipinos with a background in the medical field, and were passionate about providing service through massage.

Many of these founding members now own spa salons in the Philippines where they get to apply the skills that they have learned in Hong Kong.

Aside from Ranas, who was sworn in as president of the group, the other officers are Fredalyn Palgue, vice president; Ellen Almacin general secretary; Susan Basiga, assistant secretary: Soledad Generallo, treasurer; Maritess Malones, auditor; Erna Orilla and Maribel Portible, PROs, Alicia Naoha, sergeant-at-arms; Salveh Tapel, muse; and Florence Belenario, Susan Genova, Genevy Carillo, Lota Reyes, Ana Liza Ezmeralda, members of the board of directors; and Reina Castronuevo, adviser.

Filreflex is inviting everyone who wants to learn massage, with or without prior experience, to call Lilia Ranas at telephone number 6421 4994.

NGO blasts Court for rejecting challenge to live-in rule

By The SUN Staff

A non-government organization advocating for migrant workers’ rights has expressed disappointment over the High Court’s rejection of a bid by a Filipina domestic worker to challenge the legality of the mandatory live-in requirement.

The Mission for Migrant Workers said in a statement issued on Feb. 14 that the court’s decision upheld the “inhuman treatment” of foreign domestic workers in Hong Kong.

“With this decision, the High Court has turned its back against 3 out of every 5 FDWs who endure either alternative accommodation arrangements or their designated bedroom serves other multiple functions in the household.” said Johannie Tong, the Mission’s community relations officer.

“They have also forgotten the 1 in every 50 FDWs who sleeps in areas such as toilets, storage rooms, stock room or warehouse, backdoor, basement, balcony, roof, computer room, study room, music room, closet, dressing room, or in a room with just a divider for her sleeping space.”

In his decision, Court of First Instance Judge Anderson Chow said the Filipino applicant in the case failed to provide sufficient proof that the live-in policy is illegal and breaches the rights of foreign domestic helpers.

Judge Chow said that the Immigration policy to let the maids live with their employers is a matter that FDHs helpers could accept or not, even before they come to Hong Kong.

“If, prior to coming to Hong Kong, he/she considers the Live-In Requirement to amount to an unacceptable invasion of his/her personal or private rights, he/she can of course choose to remain in  his/her home country, or work in some other countries which do not have such requirement,” said Judge Chow in his judgment.

Then, after coming to Hong Kong, the FDW finds the policy unacceptable, he or she can still terminate the employment contract by giving a month’s notice, said the judge.

The applicant, domestic helper Nancy A. Lubiano, sought a judicial review of the rule in 2016, saying it was unconstitutional and breached the rights of helpers.

On Sept. 13 last year, she sought to amend her notice for a judicial review and serve a second affidavit in support of her application, but both these were rejected by Judge Chow in his decision.

But the judge allowed a request by Lubiano’s lawyers that her personal details be not disclosed to the public. 

The Filipina advanced four grounds to support her legal challenge: 1) the Immigration Director does not have legal authority to impose the live-in rule; 2) the requirement heightens the risk of a breach of fundamental rights and is, therefore, unconstitutional; 3) the policy is discriminatory against domestic helpers or migrant workers; and 4) the implementation of the policy without any general exception is irrational and unlawful.

Chow said that the live-in requirement is a matter of contract between the employer and FDH, and as between the employer/FDH and the Director, it is an “undertaking” given by the former as an eligibility criterion for the issuance of a FDH visa.

“The Applicant’s alternative argument is premised on the assumption that the Director cannot impose the Live-in Requirement as a condition of stay. I do not accept this contention,” said Chow.

He said the live-in requirement should be regarded as a “functional requirement” of the FDH’s employment. The migrant workers were allowed to come in to fill a vacuum left by local domestic workers who did not want to live with their employers.
He noted that the live-in requirement has always been part of the FDH importation scheme, but was only included as part of their employment contracts on April 1, 2003.
However, a general exception was made at that time for employers who obtained the Director of Immigration’s approval to let their FDHs live out prior to this date. These employers are still allowed this exemption, so long as they continue to employ helpers without a break of more than six months.

“Currently, there are approximately only 30 such employers being allowed to employ live-out FDHs,” said Judge Chow.

Regarding the issue of fundamental rights, the judge said the applicant failed to show that the policy has given rise to a significant or serious risk of violation of a fundamental right.

Paul Hsieh, SC, for the applicant, cited “servitude” and “forced or compulsory labor” as the potential violations, but Chow said these are not defined in the Hong Kong Bill of Rights.

On the ground that the policy is discriminatory, Chow said there is enough relevant difference between FDHs and imported workers admitted under the Supplementary Labor Scheme to justify the different treatment.

The judge said FDHs are admitted for the purpose of providing live-in domestic service, so they are expected to live with their employers, unlike other workers who are not admitted for such purpose.

“I do not consider the pursuit of societal interest in the importation of workers to provide live-in
domestic service in Hong Kong can be said to result in an unacceptably harsh burden on FDHs,” the judge said, rejecting Lubiano’s ground.

Chow also brushed aside the argument that the live-in requirement heightens the risk of ill-treatment of FDHs by their employers. “While the fact that the FDH is living in the employer’s residence would mean that there may be more opportunities for the employer to apply ill-treatment on FDH if the employer is minded to do so, I am by no means satisfied that the risk of ill-treatment is unacceptably or significantly increased by the fact that the FDH is living in the employer’s residence,” he said.

Chow also dismissed the argument that the Director is being irrational or is wrong in not using his discretion in allowing for exceptions to the live-in requirement for FDHs.

Lubiano, who was on Legal Aid, to pay the costs of the application,was represented by Paul Hsieh SC and Earl Deng, on instructions by Daly, Ho and Associates.

Child-care training aims to turn out professional amahs

By Vir B. Lumicao

Some 300 domestic workers are targeted to become professional child carers in an upcoming free training program that will teach them the difference between child discipline and care, and possibly save them from jail.

Labor Attaché Jalilo dela Torre told The SUN that for the long term, the training would prepare the participants for the Hong Kong government’s plan to allow families to hire certified foreign caregivers.

But he said the seminar workshops, to be conducted by Next Chapters president Christina Themar, was not going to be held in cooperation with the Hong Kong government.

The child carers, like the helpers who are being trained for dementia patient care, would be able to earn TESDA certification that could qualify them for care-giving jobs, Dela Torre said.

He said the Technical Education and Skills Development Authority would assess the trainees after the program, which begins on Mar 11 and finishes in December.

The four-hour seminar-workshop will be held every second Sunday of the month at the new POLO site at Mass Mutual Building in Wanchai. The training will start with a maximum of 30 participants per session.

More than preparing domestic workers for the caregiver jobs, Dela Torre said the program was initiated because of the worrying rise in the number of domestic workers going to jail for allegedly ill-treating their young wards.

“Dumarami na kasi ang mga kababayan nating nakukulong dahil hindi maka-distinguish between child discipline and child care,” the official rued.

“Kasi nga, dahil sa cultural differences natin. Sa atin, puwede na ang palu-palo, kurot, ganyan. Dito, kapag nahuli ka sa CCTV, naku, sa kulungan ka,” he added.

Hong Kong laws consider ill treatment of children as child abuse. Several Filipinas have been jailed over the past few years for laying a hand on their wards.

Since January this year, at least three Filipinas have been charged in court with “ill-treatment or neglect of a child” and their cases are still pending resolution.

A memorandum of understanding for the professional development of child carers was signed on Feb 14 by Next Chapters president Christina Themar and welfare officer Judith Santos of the Overseas Workers Welfare Administration in Hong Kong.

Labatt Dela Torre said OWWA would pay for the services of Themar, the resource person,.

He said domestic workers with child-care duties must also know what their rights are, as they learn how to take care of children professionally. He said the training program would also professionalize the domestic workers who enroll in the seminar workshop.

A training program for helpers who are taking care of persons with dementia is already being offered by the Hong Kong Jockey Club. 

Other projects lined up for OFWs are a two-Sunday free seminar on how to cope with suicidal depression to be offered by The Good Samaritans, and a planned “Know Your Rights” seminar in collaboration with the University of Hong Kong.

The seminar “Coping with Suicidal Depression and Grief” was to be held on two Sundays, Feb 25 and Mar 4 at POLO.

NGO blasts Court for rejecting challenge to live-in rule

By The SUN Staff

A non-government organization advocating for migrant workers’ rights has expressed disappointment over the High Court’s rejection of a bid by a Filipina domestic worker to challenge the legality of the mandatory live-in requirement.

The Mission for Migrant Workers said in a statement issued on Feb. 14 that the court’s decision upheld the “inhuman treatment” of foreign domestic workers in Hong Kong.

“With this decision, the High Court has turned its back against 3 out of every 5 FDWs who endure either alternative accommodation arrangements or their designated bedroom serves other multiple functions in the household.” said Johannie Tong, the Mission’s community relations officer.

“They have also forgotten the 1 in every 50 FDWs who sleeps in areas such as toilets, storage rooms, stock room or warehouse, backdoor, basement, balcony, roof, computer room, study room, music room, closet, dressing room, or in a room with just a divider for her sleeping space.”

In his decision, Court of First Instance Judge Anderson Chow said the Filipino applicant in the case failed to provide sufficient proof that the live-in policy is illegal and breaches the rights of foreign domestic helpers.

Judge Chow said that the Immigration policy to let the maids live with their employers is a matter that FDHs helpers could accept or not, even before they come to Hong Kong.

“If, prior to coming to Hong Kong, he/she considers the Live-In Requirement to amount to an unacceptable invasion of his/her personal or private rights, he/she can of course choose to remain in  his/her home country, or work in some other countries which do not have such requirement,” said Judge Chow in his judgment.

Then, after coming to Hong Kong, the FDW finds the policy unacceptable, he or she can still terminate the employment contract by giving a month’s notice, said the judge.

The applicant, domestic helper Nancy A. Lubiano, sought a judicial review of the rule in 2016, saying it was unconstitutional and breached the rights of helpers.

On Sept. 13 last year, she sought to amend her notice for a judicial review and serve a second affidavit in support of her application, but both these were rejected by Judge Chow in his decision.

But the judge allowed a request by Lubiano’s lawyers that her personal details be not disclosed to the public. 

The Filipina advanced four grounds to support her legal challenge: 1) the Immigration Director does not have legal authority to impose the live-in rule; 2) the requirement heightens the risk of a breach of fundamental rights and is, therefore, unconstitutional; 3) the policy is discriminatory against domestic helpers or migrant workers; and 4) the implementation of the policy without any general exception is irrational and unlawful.

Chow said that the live-in requirement is a matter of contract between the employer and FDH, and as between the employer/FDH and the Director, it is an “undertaking” given by the former as an eligibility criterion for the issuance of a FDH visa.

“The Applicant’s alternative argument is premised on the assumption that the Director cannot impose the Live-in Requirement as a condition of stay. I do not accept this contention,” said Chow.

He said the live-in requirement should be regarded as a “functional requirement” of the FDH’s employment. The migrant workers were allowed to come in to fill a vacuum left by local domestic workers who did not want to live with their employers.

He noted that the live-in requirement has always been part of the FDH importation scheme, but was only included as part of their employment contracts on April 1, 2003.

However, a general exception was made at that time for employers who obtained the Director of Immigration’s approval to let their FDHs live out prior to this date. These employers are still allowed this exemption, so long as they continue to employ helpers without a break of more than six months.

“Currently, there are approximately only 30 such employers being allowed to employ live-out FDHs,” said Judge Chow.

Regarding the issue of fundamental rights, the judge said the applicant failed to show that the policy has given rise to a significant or serious risk of violation of a fundamental right.

Paul Hsieh, SC, for the applicant, cited “servitude” and “forced or compulsory labor” as the potential violations, but Chow said these are not defined in the Hong Kong Bill of Rights.

On the ground that the policy is discriminatory, Chow said there is enough relevant difference between FDHs and imported workers admitted under the Supplementary Labor Scheme to justify the different treatment.

The judge said FDHs are admitted for the purpose of providing live-in domestic service, so they are expected to live with their employers, unlike other workers who are not admitted for such purpose.

“I do not consider the pursuit of societal interest in the importation of workers to provide live-in domestic service in Hong Kong can be said to result in an unacceptably harsh burden on FDHs,” the judge said, rejecting Lubiano’s ground.

Chow also brushed aside the argument that the live-in requirement heightens the risk of ill-treatment of FDHs by their employers. “While the fact that the FDH is living in the employer’s residence would mean that there may be more opportunities for the employer to apply ill-treatment on FDH if the employer is minded to do so, I am by no means satisfied that the risk of ill-treatment is unacceptably or significantly increased by the fact that the FDH is living in the employer’s residence,” he said.

Chow also dismissed the argument that the Director is being irrational or is wrong in not using his discretion in allowing for exceptions to the live-in requirement for FDHs.

Lubiano, who was on Legal Aid, to pay the costs of the application,was represented by Paul Hsieh SC and Earl Deng, on instructions by Daly, Ho and Associates.

laging upo ang ulam niya

Si Emilyn ay isang dalagang Ilongga, 32 taong gulang. Sabi niya para makatikim ng kaunting kaginhawahan ang kanyang.mga magulang at mga kapatid ay nakipagsapalaran siyang magpunta ng Hong Kong at nagbayad ng Php40k bilang processing fee.

Ngayong Abril ay matatapos na ang kanyang kontrata sa mga among Intsik na may anak na pitong taon at limang taong gulang at nakatira sa Kowloon, at nag-iisip siya ng mabuti kung pipirma pa siyang muli ng kontrata sa kanila.

Hindi mayaman ang kanyang mga amo, pero hindi naman din mahirap. Gayunpaman, sa halos dalawang taon niya sa kanila ay halos panay tsikwa o upo ang pinapapaulam sa kanya araw araw. Minsan ay walang sahog kundi puro tsikwa lang ang kanyang ulam kaya walang kalasa-lasa.

Sa isip niya kahit sana chicken powder man lang ang isangkap nila. Hindi naman siya mapili at ayaw magreklamo, pero sana man lang daw ay may lasa ang ipinapakain sa kanya.

Ang payo ng kanyang mga kaibigan, kung maayos naman ang pakikitungo ng mga amo sa kanya ay magtiis na lang siya at bumili ng ekstrang pagkain para hindi ganahan siyang kumain. Sa isip naman ni Emily, kung may makita siyang amo na mukhang hindi kuripot sa pagkain ay lilipat na lang siya at baka maapektuhan pa ang kalusugan niya dahil sa kulang siya sa sustansya. – Merly T. Bunda

Hinipuan ng amo

Si Elena, 34 taong gulang at taga Calinog, Iloilo, ay dali-daling bumalik sa Pilipinas kamakailan kahit mahigit isang buwan pa lang sa Hong Kong dahil sa takot sa kung ano ang gawin sa kanya ng among lalaki.

Dumating siya dito noong Dis 23 at nagtrabaho sa mag-asawang intsik na parehong taga Mainland China. Bihira sa Hong Kong ang among lalaki dahil nasa China ang trabaho, kaya sila lang ng kanyang amo at alagang bata ang laging pumupunta doon para dumalaw sa lalaki.

Nitong bumalik sila doon mula Peb 16 hanggang Peb 24 para sa Chinese New Year ay binalot si Elena ng takot nang pilitin siya ng among lalaki na makipagtalik. Diring diri si Elena dahil pinaghihipo siya ng amo na mabaho pa ang hininga.

Napigilan lang ang lalaki nang balaan ni Elena na magsusumbong siya sa asawa nito. Sumenyas ang lalaki na huwag siyang magsusumbong  bago lumayo.

Pero magmula nang gawin ito ng amo ay hindi na makapagtulog ang Pilipina. Ang pakiramdam niya ay diring diri siya sa sarili. Kumunsulta siya sa isang kaibigan para maki chat kung ano ang kanyang gagawin at sinabihan siya na isulat niya sa isang diary ang lahat ng mga nangyari sakaling kailangan na niyang magsumbong para may ebidensya siya kahit paano, at para matandaan niyang lahat ang mga detalye. Sinabihan din siya na sisiguraduhin na hindi makalapit ang among lalaki na mag-isa lang siya.

Sinunod naman ni Elena ang bilin hanggang makabalik sila ng among babae sa Hong Kong.

Kinabukasan ay nagkita si Elena at ang kanyang tagapayo sa assistance to nationals section ng Konsulado dahil sinabihan daw siya ng among babae na i-renew ang kanyang visa sa China at babalik na naman daw sila doon ngayong Marso.

Ayon sa isang opisyal ng ATN kailangan na niyang magsumbong sa Hong Kong Immigration. Kapag nandoon na daw siya ay tumawag siya at  pupuntahan siya doon para tulungang magpaliwanag.

Imbes sundin ang payo ay nagpasya si Elena na magpaalam na lang sa among babae. Gumawa siya ng katakot-takot na dahilan para pumayag ito, at suwerte naman na pinayagan siya at binilhan pa ng tiket.

Hindi na isinumbong pa ni Elena ang ginawa ng among lalaki para wala nang gulo. Kinabukasan din ng umaga, Peb. 26, ay lumipad siya pauwi sa Iloilo. Nagpasalamat siya sa mga nagpayo sa kanya pero minabuti niyang umuwi na lang agad at baka tuluyan na siyang mapahamak. Sumumpa siyang hindi na aalis ulit para magtrabaho sa labas ng  bansa. – Merly T. Bunda

Women’s Day protest denounces ‘slave-like’ condition of domestic workers in HK

Women workers march to Immigration offices
(photo by Aaron Ceradoy)

Dozens of protesters marked International Women’s Day today, Mar. 8, by marching to the HK Immigration offices in Wanchai to protest policies they claim keep migrant workers working like slaves in the city.

The protesters said these policies included the ban on their alleged “job-hopping”, the mandatory live-in arrangement, and the two-week rule that mandates migrant workers to leave Hong Kong within two weeks after they lost their jobs. 

Highlighting some of their concerns
(Photo by Aaron Ceradoy)

"We too are women workers with rights and yet, many HK policies bind us to conditions that practically make us slaves,” said a statement issued by the protest organizers, Asian Migrants Coordinating Body (AMCB-IMA HK).

The group said the limitations on their stay have led to abuses, some of them extreme, as in the case of Indonesian domestic worker Erwiana Sulistyaningsih.

"We are women workers bound by to slave treatment set and perpetuated by policies of Hong Kong on domestic workers to purposely keep our work cheap and undervalued, and our rights curtailed,” said AMCB spokesperson Sringatin.

Such exploitation, she said, capitalizes on the prevailing poverty and unemployment in the workers’ home countries that forced them to leave home and endure harsh living and working conditions.

Sunday's protest was against Phil govt policies
(photo from Gabriela HK)

On Sunday, militant protesters led by Gabriela Hong Kong assailed what they called the anti-women and anti-poor policies of Philippine President Rodrigo Duterte.

The protesters said women should now arise and speak out, since Duterte has cast aspersion on their dignity, and has used them to lure tourists into the country.

They cited in particular his “joke” about soldiers being allowed to rape up to three women each, or to shoot women members of the National People’s Army in their genitals to render them inutile.

The protesters also condemned Duterte’s move to amend the Constitution so he could allegedly perpetuate himself in power, and his new taxation scheme that has jacked up prices of prime commodities. 

High Court hears 2 Pinay asylum seekers’ appeal for judicial review

A High Court judge has breathed hope into a Filipina asylum-seeker’s bid to overturn a Torture Claims Appeal Board decision rejecting her application for non-refoulement.

Judge Amanda Woodcock, summarizing Marierol M. Puno’s application, said she would consider the applicant’s reasons for seeking a judicial review.

“You said the Torture Claim Appeals Board did not grant your appeal hearing and you didn’t get a letter asking you to make a submission,” the judge said. She added that did not reflect a high standard of court service.

Puno had said the board failed to consider relevant information; did not show cultural sensitivity; did not take into account actual conditions in the Philippines and the abuses that were happening there.

Puno brought her baby boy to the courtroom and was told by Woodcock to either sit down or carry the baby standing “to keep him under control”.

The judge said she would consider Puno’s reasons. “When I’ve made my decision, I will send you a letter,” she told the applicant.

Also seeking a judicial review of a TCAB ruling on her application on Mar 6 was Emilyn Mapili, whose earlier application for leave to appeal was rejected by the High Court on the ground that her reasons were not convincing.

Woodcock questioned Mapili for several minutes about her compliance with court instructions following the hearing on her latest application in October last year.

The judge said she wrote the applicant on Dec 19 telling her about her leave to appeal. In that letter, Woodcock said, she was telling Mapili to offer reasons for her application. But, instead of complying, the Filipina went to Legal Aid, the judge said.

Mapili replied that she received the judge’s letter only a day after she had approached Legal Aid because she had an application for bail. She showed the pink card that signified she had a pending application and other details.

But Woodcock told the Filipina the date on the pink card was Dec 20. “Why did it take you two months before filing this leave to appeal?” the judge asked.

Mapili said she could not understand the instructions so she asked her boyfriend, a certain Ershad Muhamad, to help her fill up the application form. She said the man had told her to wait two months before submitting the form.

Woodcock said she was holding her decision in reserve and inform the applicant by mail about her ruling.

Pinoy pleads not guilty to ‘indecent assault’

A Filipino maintenance man who has been charged in Eastern Court with two counts of indecent assault pleaded not guilty on Mar 5 to the alleged offenses.

The charges were laid by police against the defendant, Jesnar I. Bade, following a complaint by a Filipina domestic helper in Mid-Levels in July last year.

According to court records, the incident happened when the maid was asked by her employer to call an alarm system technician to troubleshoot an air conditioner.

Magistrate Bina Chainrai set a one-day trial for Mar 29.

Two exhibits presented by the prosecution as well as a cautioned statement will be challenged, the defense said.

Kuwait diplomat’s undocumented maid flies home after POLO rescue

 By Vir B. Lumicao

A Filipina helper hired by a Kuwaiti diplomat to work in his mother’s house in Kuwait City flew home tonight, Mar 6, after being rescued by the Philippine Overseas Labor Office from the employer’s Hong Kong residence four days earlier.

The 29-year-old mother was escorted to the Hong Kong International Airport by a POLO staff, she said.

Jenelyn Tawon called POLO on Mar 2 seeking the labor office’s help after realizing her visa in Hong Kong was for a visitor and did not allow her to work in the city legally.

“Kasi sa pagkakaalam ko, wala akong visa, illegal na ako. Wala namang sinasabi ang amo ko,” Jenelyn Tawon said to explain why she left her job.

Tawon, a mother of three teenagers, said she found out she was working in Hong Kong in breach of the law only when the diplomat and his family brought her along to Macau for a holiday in January.

Upon their re-entry into Hong Kong, Immigration officers inspected her passport lengthily that her employer got so upset. “Sabi nila wala akong record,” Tawon told The SUN in an interview.

That experience scared her because she had no work visa, and it prompted her to decide to leave her job.

“Kasi sa pagkakaalam ko, wala akong visa, illegal na ako. Wala namang sinasabi ang amo ko,”Tawon said.

She said in terms of working hours, she began doing her chores around 6am and finished at 3pm. But her complaint was that she had only one meal each day, not enough to sustain her for the day’s work.

In Kuwait, Tawon was paid 120 Kuwaiti dinar, equivalent to roughly PhP20,800 while in Hong Kong, she was paid $4,000, substantially below the $4,410 minimum wage for domestic workers.

She said the employer paid her salaries before she left. On Monday, the Kuwaiti delivered to POLO her plane ticket, but the Filipina found out only late in the day that it was only a Hong Kong-Manila passage and no onward ticket to General Santos City.

Tawon told The SUN she asked the employer to also provide a ticket for the connecting flight from Manila to GenSan, but the diplomat refused. That means she will have to buy the ticket on her own.

Tawon was hired by the diplomat through an agency named Non-Stop Employment Agency in GenSan and she flew to Kuwait on Oct 26 last year. After more than a month, the employer took her with his family to Hong Kong because the children were studying in the city.

She said in her less than five months’ stay with the employer, she could not go out except on Fridays, when she took her two young wards to the park because they had no classes.

“Kapag lumalabas kami ng mga bata ay gabi na. Hindi ako talaga makakalabas mag-isa,” the maid said.

But it was on one of those days when she met some Filipinas who heard about her situation and advised her to contact POLO. They gave her the number to call.  

So, on Mar 2, Tawon rang up POLO and Labor Attaché Jalilo dela Torre sent a staff to fetch her.

The Filipina said the diplomat agreed to release her when she told him somebody from the Consulate was coming to pick her up. The employer gave back her passport, which he had kept in line with the practice of employers in the Middle East.

Tawon said she had no claims against the employer. Meanwhile, she said she had not told her husband about her impending arrival. “Gusto ko i-surprise ang bana ko. Yung bunso ko lang pinagsabihan ko,” she said.

She said her husband is a farmer so they have livelihood in the province. “Maghahanap na lang ako ng work dito kung may pambayad na ako sa agency,” she said.

Light and darkness

 By Daisy C.L. Mandap

The past two weeks produced both good and bad news for our migrant workers.

First, the good news.  Hong Kong legislators finally passed a law that prescribes a prison term of up to three years for employment agency operators who commit either one of the two grievous sins: overcharging a job seeker, or operating without a license.

What’s more, the maximum fine for either offence was raised a whopping seven-fold, from $50,000 to $350,000.

This should put an end to the past anomaly of recruiters being fined a fraction of what they had collected from their applicants that they could virtually laugh their way out of a labour prosecution.

Also, the new measure makes it clear that yes, labour officers do have jurisdiction over people who do not bother to get licensed before offering all sorts of jobs to our workers.

In the past, we used to get shocked when labour officers would tell us that they could not go after an illegal recruiter because this person was not licensed by them. Then, when we’d try to help bring the matter to the police, we would be told they had no jurisdiction over the case either.

This caused us a lot of frustration, and even more grief, to victims of recruiters who must have realized that the easiest way to avoid liability is to simply duck from the sight of law enforcers.

Another heartening measure, though not entirely satisfactory, is the extension of the prescription period for filing a case against a rogue agency, from six months to 12 months.

We have long argued against this provision, as it allowed some of the most notorious recruiters hereabouts escape liability. All they had to do was to make the job applicant wait for at least six months for the placement that never came, or stagger the illicit payment to beyond this prescribed term, to escape prosecution.

All told, the new measures lend considerable teeth to the effort to protect migrant workers from unscrupulous recruiters.

Now, for the bad news. Just five days after these tough new laws were passed, a High Court judge came up with a bummer. He said the 15-year-old policy of making foreign domestic workers live with their employers could not be assailed in court.

Among his reasons were: 1) a maid from overseas can choose not to come here if she does not want to live with her employer; 2) it was really the intention of policymakers to make live-in mandatory but decided to make this clear only in 2003 when they included this requirement in the standard employment contract; 3) making workers live in close proximity to their employers does not heighten their vulnerability; meaning an abuser will always be an abuser, whether near or far away.

It does not take much effort to see how narrow-minded, even arrogant, this kind of approach to finding a solution to the long-standing problem of migrant workers being left vulnerable by making them live with their employers 24 hours a day, 6 days a week.

By asking them to uproot themselves and come here to do the work that most locals shun, the government has the responsibility to ensure that they are well protected, not just in terms of salary, but also insofar as their health and welfare is concerned.

And yet, migrants are not even asking for the total scrapping of the live-in arrangement, but simply to make it an option. This is just to ensure that some of them are spared the indignity of being made to sleep in all sorts of unimaginable places like tiny cubicles, storage rooms, common areas such as living rooms and kitchens, and even toilets.

When even a decent sleeping place is denied a migrant worker who is on call practically all day, shouldn’t we protest? When their work contract does not even stipulate the number of hours they should be working, shouldn’t we at least ensure that they have their own place where they can rest after a hard days’ work?

Is it too much to ask to allow them to live a bit more comfortably, just because they agreed to take on a job deemed lowly by many?

An appeal is definitely worth looking into. Until then, we should not stop fighting for what is right, and just, for our migrant workers.

DWC hikes for a cause

By Rodelia Villar

From an outdoor meet-up the previous day in Discovery Bay, members of the Domestic Workers Corner FB group successfully staged a charity hike to Dragons’ Back on Feb. 18, the third day of the lunar new year.

Hike participants take a rest in one of the stations in the route.

The funds raised by the 63 hikers all went to the medical expenses of Baby Alvhane Avert De Guzman of Tugatog, Malabon city, who at age 3, was diagnosed with acute lymphoblastic leukemia, and had a bone marrow transplant last Jan. 30.

Alvhane’s mother has been sharing pictures with the group of her baby who often has a cheerful smile despite the pain she has had to endure because of her illness. The group says the baby’s sunny disposition has sent positive vibes to members, especially those suffering from homesickness, even depression.

The hike raised a total of $3,685 for Alvhane. Members who couldn’t join the walk also pitched in, and raised $1,060. This was on top of the amounts raised by DMW from two events in October and December last year, which totaled $1,020.

According to Algean Tamayo, one of the participants, she was happy that she could do her bit for Alvhane that she didn’t feel at all tired from the long walk.

Cynthia Bolivar for her part said that she was excited to see so many people supporting the hike for a cause. On top of this, she was happy that she managed to see the beauty of nature through the hike.

Bolivar added that the foremost consideration in organizing the hike for a cause was that there should be unity within the group. Everyone was consulted about the mechanics of doing the event, such as allowing members to decide on how much they could contribute, and how they could keep themselves safe and well during the trek.

The hike finished at 2pm, and the group members thanked everyone who supported them, especially those who offered prayers for the success of the event. – Rodelia Villar

CNY at the beach: Some members of Domestic Workers Corner went to Discovery Bay to have some fun on the 2nd day of Chinese New Year on Feb. 17. They had meals together, and also played badminton and volleyball. The members traveled to DB Bay from different parts of Hong Kong so they could take advantage of the relatively warm weather and do some outdoor activities. DWC is a Facebook group formed to help Filipina domestic workers, especially those who are in Hong Kong, cope with the daily demands of their often stressful work. 

2 Pinoys accused of going shopping with stolen card

By Vir B. Lumicao

Two Filipino residents appeared in Eastern Court on Feb. 14 to face multiple charges of theft and obtaining property by deception for using a stolen credit card to go on a shopping spree a year ago.

The two defendants, identified as Manuel Roldan, 49, who works as a waiter, and Edward Reyes, 50, a musician, appeared before Magistrate Bina Chainrai.

Roldan was charged with one count of theft and four counts of obtaining property by deception. Reyes faces three counts of obtaining property by deception. The charges were read to them but no plea was taken.

The prosecutor applied for the transfer of the case to the District Court and sought an adjournment of the hearing until Feb 28 to prepare for the transfer.

Court records show that on Mar 1 last year, Roldan stole a Bank of China Mastercard credit card owned by a certain Lam Chi-hau. 

He was charged with one count of theft after his arrest.

On the same day he got hold of the credit card, Roldan went to Cyber System Computer, a shop in 298 Computer Zone  in Wanchai and bought a laptop computer valued at $1,956.

He paid for the computer by representing himself as the genuine holder of the card, the report said. He was charged with obtaining property by deception for that transaction.

Roldan continued his shopping spree, this time joined by his friend Reyes. They bought a second laptop computer worth $3,750 at another Cyber System Computer shop at Wanchai Computer Centre using the card.

Next, Roldan and Reyes went to Wise Computer Technology Co also in Wanchai Computer Centre and bought a laptop computer valued at $3,330. They used the same card to pay for the purchase.

The pair’s final purchase using the stolen card was a bass guitar and an effect machine for guitar valued at $9,450 which they picked up at a Tom Lee Music shop at City Centre on Gloucester Road, Wanchai.

 The report did not say when or how Roldan and Reyes were arrested, but the prosecution did mention that the wife of the first defendant will be one of the prosecution witnesses.

Chainrai told the two to return on Feb 28 for the transfer hearing of their case.

Roldan and Reyes are out on bail but additional conditions were imposed by Chainrai.