Mabatid & Gamallo fail in bid to stop illegal recruitment charges

 

Mabatid and Gamallo are both running for public office in the upcoming Philippine elections

A Cebu-based businesswoman seeking to reclaim a seat as Cebu City councilor has lost her bid to get the Department of Justice reconsider its decision to charge her and five of her alleged accomplices with multiple counts of syndicated illegal recruitment and estafa.

In a decision promulgated last May 5, the DOJ denied a motion for reconsideration filed by respondent Prisca Nina Mabatid, who is running for a seat as councilor in Cebu City; along with her partner, Russ Mark Gamallo, who is seeking his first public post as mayor of Samboan, Cebu.

Both Mabatid and Gamallo are also subject of fraud complaints by around 20 overseas Filipino workers in Hong Kong who claim the two had tricked them into paying Php132,000 each in February 2023 on the promise that they could enter Canada on a work-study program that did not exist. 

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The two were joined in the DOJ motion by their co-accused Clark M. Jueco, Vincent Adam Hechanova, Clint Victor A. Caingles and Noverna “Bernie” S. Uy.

All six were named respondents in the complaints filed by 11 Filipino jobseekers from across the Philippines, who claimed to have paid at least Php100,000 each, after being promised student visas that would allow them to work in Canada. 

The student visas,  offered through the companies PinoyCare Visa Center (PCVC) and Opportunities Abroad Visa Processing Services, never materialised  

One of the advertisements posted online by Opportunities Abroad 

Reacting to DOJ's decision to reject the motion for reconsideration, United Filipinos - Migrante Hong Kong posted a statement online calling for the immediate issuance of a warrant of arrest against Mabatid and her co-accused.

The group mentioned in particular the fraud complaints filed against Mabatid and Gamallo by the OFWs in Hong Kong who were "misleadingly promised jobs in Canada using student visas during a recruitment activity on February 19, 2023."

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"It has been two years since the victims from Hong Kong and the Philippines and other countries filed cases against Mabatid and her co-perpetrators. This issue has gained significant attention and even prompted a Senate hearing. However, the case has progressed at a sluggish pace," said Unifil-Migrante.

The group calked on the administration of President Ferdinand R. Marcos, Jr. to act on the case immediately.

"We demand that Nina Mabatid and (her) co-perpetrators be held accountable and face imprisonment for their crimes immediately," said the statement.

Basahin ang detalye!

(Unifil-Migrante’s post is here: https://www.facebook.com/share/p/16GKJAiLep/?mibextid=wwXIfr)

Acting on complaints filed by the Department of Migrant Workers on behalf of the 11 jobseekers, the DOJ on Nov. 11 last year indicted Mabatid for 4 counts of syndicated illegal recruitment and 4 counts of estafa, while Gamallo was indicted for 7 counts of each offence.

Hechanova was charged with 7 counts of illegal recruitment, 1 count of simple illegal recruitment, and 8 counts of estafa, while Caingles faces 8 counts of syndicated illegal recruitment, 2 counts of simple illegal recruitment and 10 counts of estafa.

Uy was charged with 8 counts of syndicated illegal recruitment, 1 for simple illegal recruitment, plus 9 counts of estafa;  while Jueco who admitted signing the MOAs that the complainants were made to sign, faces 8 counts each of syndicated illegal recruitment and estafa.

Migrante Intl has helped the complainants pursue claims against Mabatid and company

Migrante International, which has assisted the 11 complainants in seeking help from the DOJ and the DMW, lauded the DOJ’s decision, but rued that it has taken long for the case to move ahead.

“It’s been almost a year since the PCVC victims filed a case of large-scale illegal recruitment against Mabatid, et. al with the Department of Justice,” said Vicky Casia, coordinator of the Migrante’s international rights and welfare assistance program.

“We welcome the DOJ decision because for so long, Mabatid has evaded accountability for her action. There is still hope that the victims will finally get justice, and that is when Mabatid is finally arrested and prosecuted.”

The DOJ resolution charged the six of using PCVC and Opportunities Abroad, which are not licensed with the Department of Migrant Workers, of offering jobs to the applicants, in the guise of student visas.

Mabatid and her co-respondents sought through a motion dated Dec 2, 2024 to get the resolution revoked on the ground that it was not supported by “prima facie evidence with reasonable certainty of conviction”.

They reiterated that Opportunities Abroad and Pinoy Care Visa Center, another company used to enlist the applicants, were not in the business of recruiting Filipinos for work abroad.

They argued that as visa assistance companies, they merely helped applicants with visa processing and related processes, and did not directly offer employment or recruitment services. There was no offer of employment as the complainants had applied for student visas.

The DOJ reiterated in the resolution that there is prima facie evidence against the accused

But in denying the motion for reconsideration, the DOJ through Senior Assistant State Prosecutor Amanda Felipe, said that no new matter was raised by the respondents “that would support a different outcome of the preliminary investigation of the above-entitled complaint.”

When the respondents offered their services to deploy the applicants to Canada through its study visa program, “they made it appear that they will also provide them with work upon arrival in Canada to help them pay for tuition fees and the cost of living there,” said the resolution.

“The promising or advertising for employment abroad, whether for profit or not, when undertaken by a non-licensee or non-holder of authority, is considered illegal recruitment.”

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.

The resolution was recommended for approval by Senior State Prosecutor Herbert Calvin B. Abugan and approved by Prosecutor General Richard Anthony D. Fadullon.

 

 

 

21 arrested in latest anti-illegal worker operations

 

Some of those rounded up for suspected illegal work

Immigration officers arrested 13 suspected illegal workers and eight suspected employers in their latest anti-illegal worker operations to combat the influx of illegal renovation workers.

The Immigration Department (ImmD) operations codenamed "Contribute" from May 6 to May 9 were made on 293 target locations, including premises under renovation in some newly built/inhabited housing estates, all over Hong Kong.

The arrests came as ImmD officers and a promotional vehicle were deployed to distribute "Don't Employ Illegal Workers" leaflets and convey the message in the housing estates.

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Of the workers arrested, 11 were men and two were women, aged 30 to 59. The eight employers were men, aged 31 to 60.

ImmD said people will be arrested for breach of condition of stay if they are caught working in places such as these while in Hong Kong as visitors or domestic workers, among other categories, “and upon conviction face a maximum fine of $50,000 and up to two years' imprisonment.”

It said aiders and abettors are also liable to prosecution and penalties.

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Employing people who are not lawfully employable is an even more serious offence under the Immigration Ordinance.

“The maximum penalty for an employer employing a person who is not lawfully employable, i.e. an illegal immigrant, a person who is the subject of a removal order or a deportation order, an overstayer or a person who was refused permission to land, … (is) a fine of $500,000 and 10 years' imprisonment to reflect the gravity of such offences,” ImmD said.

“The director, manager, secretary, partner, etc, of the company concerned may also bear criminal liability. The High Court has laid down sentencing guidelines that the employer of an illegal worker should be given an immediate custodial sentence,” it added.

Basahin ang detalye!

“According to the court sentencing, employers must take all practicable steps to determine whether a person is lawfully employable prior to employment. Apart from inspecting a prospective employee's identity card, the employer has the explicit duty to make enquiries regarding the person and ensure that the answers would not cast any reasonable doubt concerning the lawful employability of the person,” it said.

The court will not accept failure to do so as a defence in proceedings. It is also an offence if an employer fails to inspect the job seeker's valid travel document if the job seeker does not have a Hong Kong permanent identity card. Offenders are liable upon conviction to a maximum fine of $150,000 and to imprisonment for one year,” ImmD said. 

DH admits stealing 100 jewelry pieces from employer

 

Defendant admitted to stealing at least 100 pieces of jewelry (Photo for illustration only)

A Filipina domestic worker who admitted stealing around 100 pieces of various pieces of jewelry valued at no less than $684,000 from her elderly employers’ daughter was told Friday, May 9, that she is looking at 18 months in jail at the maximum.

Sherelle Lyn V. Dajay, 40 years old, appeared in Eastern Magistracy and pleaded guilty to two counts of theft, and was sent back to jail before her sentencing on June 9, while the owner of the jewelry calculate the total amount she had lost in the thefts.

But an incomplete assessment based on facts read out in court and admitted by Dajay, put the running tally for the value of the jewelry that was stolen at more than $684,000 - $203,650 for one lot, and $480,700 for another.

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There were 22 other items whose total value has yet to be ascertained as they could no longer be found, having been pawned much earlier and could no longer be redeemed, according to the prosecution.

Prosecution said the owner is still negotiating with the pawnshops to redeem some of the pawned jewelry at half the cost.

Magistrate Kestrel Lam said he would use 18 months in jail as a starting point in sentencing, easing the defence lawyer’s concern that Dajay would spend a longer time in detention than her actual sentence.

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Dajay was arrested on Oct 24 last year after the victim, Christine Sin, returned to the home of her parents on Black’s Link in Happy Valley for the first time after it had undergone renovation starting in February of the same year.

Dajay was said to have worked as caregiver for the couple for four years before this.

Sin realized then that a box of jewelry she had left inside an unlocked cabinet in her parents’ house had gone missing. 

Basahin ang detalye!

When she confronted Dajay, the latter admitted to the theft, and presented some pawnshop receipts for some of the missing items. 

Sin called the police.

When police arrived at the house, a search was conducted, and a pink Link’s watch valued at $4,300 was found inside her bag, which Sin identified as her property. Dajay readily admitted guilt before the police, and said “sorry.”

Further investigation revealed a huge cache of jewelry that Dajay had stolen between March 17 and October 12 last year, based on receipts issued by two pawnshops.

The items which numbered around 100 pieces included a set of rings and earrings in platinum and diamonds, a platinum necklace, several number of jewelry pieces in gold and diamond, and at least five expensive watches.

The second theft charge pertained to the pink watch found inside her bag, which was said to have been stolen sometime in September last year.

“The total amount of the jewelry that was lost cannot be determined,” said the prosecution.

Magistrate Lam gave the prosecution a month to make its final submission as the total value of the jewelry that was stolen, and for the defence to be ready for mitigation.

 

 

 

Filipina who took bag of drunk man gets suspended sentence

 

Defendant was stopped and searchd by police near this place in North Point (Google photo)

It might have been fear or guilt, but for more than two months, a Filipina fighting deportation to the Philippines held on to a bag she found on the street in North Point, with all its contents intact, save for some $900 she had spent.

Aurora Delfin’s apparent dilemma over the bag ended early on March 28 this year when a police officer stopped her on the street in front of Roca building, a few blocks from where it was lost by a drunk local. 

After she was stopped, Delfin, 37, yielded a blue recycling bag in which the leather bag belonging to local resident Lam Wing Pong was found. Inside were his HKID card, China Return Home card, four ATM and credit cards, ear phones, as  well as $65.60 in cash, which it turned out, was all that was left of the $1,000 he had kept inside.

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A summary of facts read out in court said Lam told the police that he last saw his bag on Jan. 23, 2025, at about 1am, after he left a bar at the China United Centre in North Point, drunk. He said he didn’t know where or how he came to part with the bag. .

For her part, Delfin told the police following her arrest that she had used Lam’s money to buy food.

Appearing in Eastern Court today, Delfin readily admitted to a count of theft, and through her lawyer, expressed her willingness to compensate Lam for the $934.40 that she had spent.

Basahin ang detalye!

Her lawyer said in mitigation that Delfin, being a torture claimant, was relying solely on the meager allowance that she was getting from the International Social Service to tide her over while awaiting the outcome of her application for non-refoulement.

Magistrate Kestrel Lam took note of her guilty plea, her willingness to compensate the victim, and the fact that all the stolen items had been recovered, before sentencing Delfin to two months imprisonment, suspended for 18 months.

8 months’ jail for $153K theft from employer of 10 years

 

The theft took place in one of the flats here (Google Maps photo)

By Leo A. Deocadiz

A Filipina has been sentenced to eight months in jail after she pleaded guilty at Kowloon City Court to stealing $153,870.worth of jewelry and cash from the employer she has served for 10 years.

Genevie Rueda, 46 years old, wiped her tears as Magistrate Philip Chan handed down her sentence, which had been discounted by one-third from a starting point of 12 months, for her guilty plea during a hearing on Thursday (May 8).

Magistrate Chan said the crime was made serious by the breach of trust and the big amount involved.

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Rueda, who has worked for the employer since she arrived in Hong Kong in 2015, was charged with stealing cash -- HK$250, US$100, 100 Euros, $20,000 Australian dollars -- along with one pair of silver rings, one jade pendant, two gold coins and two gold necklaces.

The theft, which took place at the employer’s flat at Mantin Heights in Hung Hom between December 2023 and last March 22, was discovered after the employer noticed that some of his belongings in his bedroom cabinet were missing.

Basahin ang detalye!

After a review of CCTV footage, the employer called police and had Rueda arrested. Some of the missing items were found in her possession, along with receipts for items she had already pawned.

In mitigation, her defense lawyer said she was forced to steal because of the demands of her brothers, who were addicts, who threatened to harm her son if she did not send them cash.

The lawyer sought a lenient sentence so she can go home to reunite with her son, who is graduating from college in July.

Filipina jailed for 28 years on drug charge wins appeal against conviction

 

Lady Justice atop HK's Court of Final Appeal

More than six years after being jailed for a crime she has always denied committing, a Filipina tourist was today ordered freed by the Court of Appeal, which quashed her conviction for conspiracy to manufacture a dangerous drug.

Anna Mae J. Enriquez, 42, was originally sentenced to 28 years in prison on June 27, 2022 after a High Court jury voted 5-2 to convict her of the drug manufacturing conspiracy.

In allowing her appeal against conviction, the CA ruled that the trial judge erred in not instructing the jury that Enriquez’s mere presence in the flat where the drug methamphetamine hydrochloride (commonly known as ice or shabu) was found cooking in the kitchen, was enough to infer guilt.

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Further, the judge failed to properly address the jury about the prosecution’s failure to identify the appellant’s role in the drug manufacture.

The CA, made up of Vice President Andrew Macrae and Justices of Appeal Kevin Zervos and Maggie Poon, also rejected the prosecution's application for a retrial. 

Enriquez was initially found guilty of conspiring with 58-year-old local resident Kent Lam Tsz Kin and 38-year-old Mexican Marco Torres Gonzales to manufacture 4.7 kilos of the drug, ice, between Mar 5 and 6 in 2019.

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Lam, whose wife was renting the flat where the drug was found, was eventually sentenced to 29 years in jail, while Gonzales who had helped buy the pot used to extract the drug in its liquid form, was jailed for 28 years.

Trial judge Esther Toh said in sentencing that manufacturing drugs is a more serious offence than drug trafficking, for which the prescribed starting point would have been 26 years in jail.

Both Lam and Gonzales tried to obtain leave to appeal their conviction and sentence, but were unsuccessful.

Enriquez, on the other hand, was granted leave on Jun 4 last year by Justice Zervos, on the grounds that 1) the judge failed to instruct the jury that the appellant's mere presence in the flat was insufficient to infer that she was part of the conspiracy and that 2) the circumstantial evidence was insufficient to draw the “irresistible inference” of guilt.

According to Zervos, “the extent of the evidence against (Enriquez) was that she was present at the time the police raided the flat.”

Zervos also allowed Enriquez to appeal against her sentence despite her not applying for it, and even it was made out of time.

The three defendants were arrested by police in a raid on Mar 6, 2019 at the To Kwa Wan flat where “ice” was found cooking in the kitchen.

At the time of the arrest, Enriquez had been in the flat for just two hours, and said she had merely chatted with Gonzales the whole time.

Enriquez said she arrived in Hong Kong on Mar 5, and Lam’ sister-in-law who lives in the Philippines along with her husband, had promised to take her shopping that day, but backed out at the last minute.

The next day, Enriquez said Lam invited her to go up to his flat nearby, where she met Gonzalez. She claimed they spent more than two hours chatting about their children and using their phones to go on social media.

Both denied knowing anything about the drug manufacturing that was happening in the kitchen at the time.

The court was told that Enriquez used to live in Hong Kong with her now-estranged husband and their children, but they all decided to return to the Philippines when her application for permanent residency was denied.

Enriquez has two daughters aged 22 and 21, and a 15-year-old son. All had attended their mother’s trial more than six years ago, and were left in copious tears by the verdict and sentence.

Today they were all back at the High Court, this time, to hear the great news of their mother’s court victory.

 

DH jailed 8 months in latest money laundering case

 

File photo from HK Monetary Authority

Another Filipina domestic helper was jailed today for money laundering after pleading guilty to allowing her bank account to be used to receive deposits of money raised from criminal activities.

Marilyn Macanas, 36 years old, was sentenced to 8 months in prison after her conviction at Fanling Court for “dealing in property known or believed to represent proceeds of indictable offence,” in violation of the Organized and Serious Crimes Ordinance.

Magistrate Kenneth Chan sentenced her to eight months’ jail.

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The charge arose from the inflow and outflow between Aug. 14 and Nov. 16, 2020 of a total of $401,000  in her account in the Hongkong and Shanghai Banking Corp.

In a separate but similar case at Kwun Tong Court, Elle Cherel, 38 years old, was remanded in jail custody after she appeared before Acting Principal Magistrate Leung Ka-kie.

Basahin ang detalye!

She was charged with money laundering because of the deposits and withdrawals that totalled $363,442.38 between Aug. 1, 2022 and Jan. 13, 2023.

Magistrate Leung adjourned the case to June 24.

 

$30 tickets for ‘Cinema Day’ go on sale

 

Seniors were among the first to snap up the tickets (RTHK photo)

On Saturday, May 10, Hong Kong will have its annual Cinema Day, when movie tickets will just cost $30 each, in a bid to encourage more people to go to movie houses.

The heavily discounted tickets went on sale for the first time today, and reports said queues had formed outside theatres, with patrons eager to book the limited seats available.

Tickets were also made available online in some cinemas, but a “handling fee” of $10 was added per ticket booked.

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Each person can buy up to four tickets per transaction at the box offices of participating cinemas, while the availability of online tickets will depend on each theater’s internal policies.

The discount applies to all movies shown in the cinemas on this day, and may include premium formats like IMAX, 4DX, and MX4D, where each ticket costs $170 or more. 

The only exceptions to the $30 discount is the first show for seniors, who may choose to pay the regular discounted tickets if they’re cheaper.

All other special prices for moviegoers, or discounts, vouchers or coupons will not apply on this day.

Long queues were reported at cinemas across Hong Kong

Fifty-three cinemas are participating in the event, and the Hong Kong Theatres Association expects it to attract around 200,000 filmgoers, similar to previous years.

This is the third year in a row that Cinema Day is being held to encourage more people to go to movie houses, instead of having their fill of feature films or documentaries through streaming sites like Netflix, AppleTV, Viu or Disney Channel.

Basahin ang detalye!

Tickets to Cinema Day 2025 may be purchased from the following theater groups:

·       Broadway Circuit

·       Chinachem Cinema Circuit

·       Cine-Art House

·       Cinema City Circuit

·       CGV D2 Place

·       Emperor Cinemas

·       Golden Harvest Cinemas

·       Golden Scene Cinema

·       Lumen Cinema

·       Lux Theatre (no official website)

·       MCL Circuit

·       Newport Circuit

Whether you’re a fan of the latest blockbusters or looking to revisit classics on the big screen, Cinema Day 2025 promises a festive day out for film lovers across Hong Kong.

 

Enrolment for overseas Filipino voting extended to May 10

 

Comelec just extended the enrolment deadline to Saturday, May 10

With just five days to go before online voting for Filipinos overseas is set to end, the Commission on Elections has issued a reprieve to all those who have yet to enroll for the process.

The enrollment period which was set to end today, May 7, has been moved to May 10, allowing registered overseas voters another three days to enroll their credentials prior to being sent a ballot for the election.

Once enrolled, they can vote until 7pm on May 12, when polling stations across the country will close following a day-long vote. Alternatively, they can proceed immediately to voting after online enrolment.

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In an announcement posted online by the Comelec yesterday, the extension of the enrolment period was mentioned, but no reason was given.  

But many overseas Filipino voters who have mostly grumbled over the tedious and unclear process that allowed them to vote online for the first time, said this must be because of the dismal turnout in the ongoing overseas election.

Most of those who have voted so far complained why they had to enroll before being allowed to vote, when they had already gone through the process of registration, and are on the certified list of overseas voters.

Basahin ang detalye!

Not a few also lamented that it took them awhile to get their identity document and physical presence at the site just so they could get past the enrolment stage.

Then when they got past through this, they were given only a limited time to vote, unlike in manual voting when they could take as long as they wanted to fill in their ballots.

Equally, if not more prevalent, was the notion that the receipt for the ballot they had just cast bore names of candidates that they did not vote for. Many of the voters showed screenshots of a jumble of names under the heading: “Your Ballot ID”.

Today for the first time, Comelec said this was “fake news”.

Comelec warns voters who claim that their ballot was tampered with are spreading 'fake news"

Comelec said in a Facebook post, “Dapat po nating malaman na pagkatapos bumoto ng Registered Overseas Voter, agad na ENCRYPTED na ng OVCS ang balota para sa security ng inyong boto.” (We should all realize that after a registered overseas voter has voted, the ballot is immediately encrypted by the OVCS for security?.

The jumble of letters that show up as “ballot ID” is nothing more than “plaintext hash” that contains the ballot style and image, as well as the names of all the candidates chosen by the voter, said Comelec.

It warned that spreading false and alarming information is an election offence under Sec 261(z) (11) of the Omnibus Election Code.

Ultimately, whether Comelec succeeds in getting the more than 1.5 million Filipinos registered to vote abroad to take part in this landmark exercise will depend largely not just on its credibility, but also on its ability to come up with a system that’s easy and trustworthy.