Pinay helping prosecute agent gets sentence put off anew

 

The Shatin Court has put off for the second time the sentencing of a Filipina who earlier admitted that she paid $12,000 to an agent to find her a fake employer willing to sign her up as a domestic helper.

The prosecution asked for another six weeks’ adjournment on Friday (Nov. 29) to allow M. David, 32 years old, to cooperate further with Immigration officers in the investigation to bring that agent to justice.

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Magistrate David Chum set the next hearing on Jan. 10 next year and freed David on $1,000 bail.

Last Nov. 1, David pleaded guilty to “making a false representation to an Immigration officer lawfully acting or in the execution of Part III of the Immigration Ordinance” by presenting on Oct. 2, 2022 a fake contract that resulted in her being granted a DH visa extension on Oct. 27, 2023.

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She also admitted that she never met or worked for her supposed employer, Wu Cheuk-ti, who was paired with her by the agent, who processed her papers.

David found herself in this arrangement after she was terminated by her previous employer and she found her way to an agent in May 2023 who offered her a fake work contract that could be used to process her visa, for a $12,000 fee.

Basahin ang detalye!

In the Nov. 1 hearing, her lawyer requested Magistrate Andrew Mok to withhold her sentence and asked for a four-week adjournment to give the Immigration Department time to assess her offer to help investigate the agent, which could affect the sentence.

 

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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.

Basahin ang detalye!

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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Tuen Mun court jails 2 Filipinas for money laundering

The Filipinas were convicted in Tuen Mun court

Two more Filipinas who allowed their bank accounts to be used for laundering of crime money that totalled some $2.3 million and $468,388, respectively, have been jailed by the Tuen Mun Court.

Fe Ello, 43 years old and a Hong Kong ID card holder who has no fixed address, was sentenced to two years’ imprisonment by Acting Principal Magistrate Daniel Tang Siu-hung after she pleaded guilty last Monday (Nov. 25).

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She was charged by Yuen Long Police last Oct. 7 with dealing with property known or believed to represent proceeds of indictable offence, in violation of the Organized and Serious Crimes Ordinance.

The charge arose from $2,286,680.65 having been deposited into and withdrawn from her Standard Bank account between the 20^th and 30^th of June, 2023.

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Yesterday (Nov. 29), Febeelyn Tabangcura, 46 years old, was jailed for six months by Magistrate Tang after pleading guilty to the money laundering charge filed last Oct. 3 by Yuen Long Police.

The charge arose from the inflow and outflow of $468,388 from her Bank of China account from June 12 to Sept. 30, 2019.

Basahin ang detalye!

Tabangcura, a domestic helper, was charged with dealing with property “in whole and in part directly and indiretly represented any person’s proceeds of an indictble offense.”

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HK unveils plan to put cap on helper loans

 by Daisy CL Mandap

The plan is to base the loan on the helper's monthly income 

The Hong Kong government said it plans to open a public consultation early next year on limiting the amount of money that foreign domestic helpers are allowed to borrow.

The plan is to base the amount on the monthly income of loan applicants, said Secretary for Labour and Welfare Chris Chan, in a written response to legislator Chan Han-pan on Tuesday.

“To step up efforts in addressing the over-borrowing issue of certain groups such as FDHs and young people, the Government is reviewing the existing regulations on money lenders, including exploring to set a borrowing cap on unsecured personal loans based on the monthly income of intending borrowers, alongside enhancing publicity and education,” said Chan.

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The government is now formulating measures in line with this plan, and will announce the details of the public consultation “in due course,” he added.

His statement came on the day the police disclose the raids on two mobile phone companies and a money lender suspected of  illegal lending activities and money laundering targeting migrant workers. The rates of interest reportedly ranged from 400% to 3,000%.

In the past, Sun said the government would remind helpers through publicity and other promotion efforts to “exercise financial prudence and avoid borrowing from finance companies.”

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At the same time, it has been continuously taking and enhancing measures to regulate the business practices of money lenders.

But the effort does not seem to be having much impact lately, when even employers have been subjected to harassment by collectors for lending companies.

From a total of four such cases reported in 2023 and none in 2022, there have been 9 in the first 10 months of the year already, according to statistics he provided to legislators.

Basahin ang detalye!

The outstanding debt in these cases was mostly not provided, but those that were, reportedly  ranged between $1,000 and $16,800.

Previous media reports indicated that in some of these cases, the employers were the ones harassed by debt collectors, threatening to shame them on social media if they did not pay up. At least one employer reported having red paint splashed in front of his office by the collectors.

On the question of whether FDHs should be stopped from using their employers’ addresses when applying for loans, Sun said an employer who finds out that his/her residential address was used improperly should contact the money lender concerned and demand that the improper debt collection be stopped.

As to individuals used as loan referees, Sun said their written consent should be provided along with the loan agreement. If no such written consent is provided, the money lender should refrain from contacting the referee.

But even if consent is acquired, that role as a referee ends when the loan is granted, said Sun. In other words, the referee should not be harassed or contacted even if the debtor reneged on the promise to repay on time.

On the so-called issue of job-hopping, Sun said there has been a significant decline in the number of FDHs found to have engaged in the practice of changing employers on a whim.

Of the 1,557 FDH applications referred to Immigration’s special duties team for follow-up due to suspected “job hopping” in 2023, 502 were eventually rejected.

The resulting number of just over 1,000 “job hoppers” was notably lower than the 5,844 recorded in 2020 and 2,833 in 2021, he added  

Sun said the situation has significantly improved after the passing of the revised Code of Practice for Employment Agencies in May.

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2 Filipina DHs jailed for money laundering

 

Two domestic helpers joined the growing list of Filipinos who have been ensnared in money laundering and jailed yesterday, after they pleaded guilty to dealing with crime money through their bank accounts.

Christine Verano, 40 years old, was sentenced to 16 months imprisonment, after she pleaded guilty at West Kowloon court to violating the Organized and Serious Crimes Ordinance by lending her Bank of China ATM card in exchange for $1,500.

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Between April 17, 2021 and June 8, 2021, more than 40 deposits were made in her bank account, totaling $1,110,920.01 and withdrawn.

Of that total, more than $300,000 came from investment scams, Acting Principal Magistrate Cheng Lim-chi told Verano.

“What you were paid was not substantial, but the losses for victims were serious,” he added.

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For her sentence, Magistrate Cheng chose a starting point of two years, and deducted one third for her guilty plea, resulting in her being jailed for 16 months.

Her lawyer had earlier sought leniency, citing her remorse, her being the sole breadwinner for her three sons and daughter, and her sudden need to raise money because her daughter delivered a baby by cesarian section.

Basahin ang detalye!

At the Shatin Court, Elynn Jean Dorado, 52 years old, was sentenced to 60 days in prison after she pleaded guilty before Acting Principal Magistrate Cheang Kei-hong.

 She admitted allowing criminals to use her Hang Seng Bank account to deposit $260,503.3  of crime money and withdraw the same amount as “clean” money between Dec. 23 2018 and Jan. 12, 2019.

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Come to us if your passport is held by the police, says PCG

 by Daisy CL Mandap

More than 1,300 passports were turned over to PCG in 2019, after
a police bust on an illegal money lender 

The Philippine Consulate has called on all Filipinos whose passports were taken away by Hong Kong Police during its recent crackdown on a suspected illegal money lending syndicate to approach them directly.

In its advisory released yesterday, the Consulate said those concerned about passports being held by the police should coordinate with them directly amid reports some Filipino community leaders are asking those affected to go through them.

So far, those who have expressed concern about not getting back their passports were those who pawned them with RichRen Finance Limited in Mong Kok, which was raided by the police on Monday on suspicion of illegal lending and collection of identity documents, and money laundering.

Basahin ang detalye!

The police took away relevant documents found in the money lender’s office, including the passports of an unknown number of Filipino debtors.

Two mobile phone companies, including OWTEL, were also targeted in the raids, but it does not seem they had kept the passports of those who took out loans with them.

At least one leader said more than 50 Filipino domestic workers had contacted her about their missing passports, and she promised to take them with her to the Consulate on Sunday.

Many of those who had pawned their passports with RichRen are said to be worried because they are due to fly home to the Philippines next month, or over the Christmas holidays.

Separately, a blogger who used to be an OFW in HK posted a message telling the borrowers not to be overly concerned as the police in Mong Kok had reportedly said the passports would be turned over to the Consulate after their investigation.

What he did not seem to realize was that the police investigation could take a long time, and those who need their passports to exit Hong Kong, renew their contracts or visas or for any other reason, could be left in a bind.

Also, as a matter of practice, the Consulate never gives back passports used as collateral for loans, as this could amount to condoning an illegal act.

In its advisory, the Consulate warned that using or accepting passports as collaterals for loans is a serious offence under the New Passport Law, which prescribes a prison term and fine for violators.

However, from similar instances in the past, like when about 1,300 passports were seized by the police from another money lender named OFC in July 2019, those who hocked them were not prosecuted but were reminded that they had violated the law.

In these cases, the persons concerned were issued with passports valid for only five years, instead of 10. They were also made to sign an undertaking that they will not commit the offense again, otherwise they will no longer be issued with a passport.

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Overstayer for 20 years jailed 15 months for illegal work

 

For 20 years, a Filipina who came to Hong Kong as a tourist and overstayed, managed to evade detection. But her luck ran out last year when she was arrested for illegally working as a dishwasher.

In Eastern Court yesterday, Judy Joan Liban, 58 years old, was jailed for a total of 15 months after she pleaded guilty to violating her visa condition by overstaying, and for working illegally.

Acting Principal Magistrate Don So imposed a 15-month sentence for each charge, but ordered them to run at the same time. However, he did not give her the usual one-third discount for her guilty plea.

Liban was arrested on Dec. 20, 2023 in a restaurant on Shell St in North Point while wearing an apron and washing dishes, and was found to have remained in Hong Kong after her tourist visa expired on Dec. 3, 2004.

She was charged with violating section 38AA(1)(c) of the Immigration Ordinance which statse that tourists must not take any employment, whether paid or unpaid, or establish or join in any business, and section 38AA(2) which prescribes a penalty of fine at Level 5 ($50,000) and imprisonment of 15 months.

Basahin ang detalye!

Separately, a 50-year-old Filipina who remained in Hong Kong despite a deportation order, was jailed for 18 months after pleading guilty at Shatin Court.

Glenda Manalo’s admission of the offence caused acting Principal Magistrate Cheang Kei-hong to cancel another hearing scheduled for Jan. 2 next year.

Manalo was arrested last Nov. 16 on a charge of violating section 43(1)(a) of the Immigration Ordinance, which prescribes a maximum penalty of three years in jail.

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FDHs warned against illegal work as 10 people arrested in Immigration raids

 

Immigration agents lead away one of 5 suspected illegal workers arrested yesterday

Ten people, two of them foreign domestic helpers and three overstayers, were arrested in a day-long  anti-illegal work operation yesterday by  Immigration Department agents.

The five others were suspected employers.

The operation yesterday was carried out across the territory, and targeted 15 locations, including restaurants, employment agencies, retail shops and industrial buildings.

Basahin ang detalye!

The arrested workers were all women, aged 39 to 59. They were found to have worked as dishwasher, waitress, clerical worker and delivery staff. A copy of a forged Hong Kong identity card was also found during the operation.

The five suspected employers, meanwhile, comprised four men and one woman, aged 39 to 62.

A statement issued by Immigration said  the case is still under investigation, and did not rule out further arrests.

2 more illegal workers are taken away for questioning

The statement warned: "A helper should only perform domestic duties for the employer specified in the contract. The helper should not take up any other employment, including part-time domestic duties, with any other person. The employer should not require or allow the helper to carry out any work for any other person,"  

Illegal work is a serious offence, for which a maximum sentence of two years’ imprisonment and $50,000 fine is prescribed. The jail term could go up to three years if the illegal worker is an overstayer, illegal immigrant, or asylum seeker.

Those found to have used a forged HKID card to obtain work could face up to 10 years in prison and $100,000 fine. Making false representation to Immigration or possessing a false instrument is even more serious, as it could result in imprisonment for up to 14 years and a fine of $150,000.

Employers of illegal workers face a maximum fine of $500,000 and 10 years’ imprisonment. Merely failing to check the identity document of a job applicant properly could result in a fine of $150,000 and imprisonment for one year.

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