Police called to stop Filipino tourists recruiting OFWs for Canada

By The SUN

 

Mabatid (in white) faces her accusers while two police officers listen

Police were called Sunday morning by a group of Filipino domestic workers who asked that an ongoing Canada recruitment seminar at the Sunbeam Theater in North Point be stopped, as it was being conducted illegally by a group of tourists from the Philippines.

The eight FDWs also said they had been victimized by the people behind PCVC-Opportunities Abroad in February this year, when they were convinced to pay a total of $18,700 each as processing fee for their student visa applications to Canada, which they learned later on was not realizable.

Responding to the complaint, the police interviewed Prisca Nina Mabatid, head of the PCVC (or Pinoy Care Visa Center)-Opportunities Abroad, who initially claimed that she was there only as a guest speaker, but eventually agreed to return the money of the complainants.

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This was after the police were shown a video of Mabatid’s staff collecting money from applicants in Harcourt Garden in Admiralty on Feb 26, despite being told initially that the transactions were made in the Philippines.

Mabatid told the police that she did not know tourists were not allowed to carry out a business or do any kind of job in Hong Kong, as she had conducted the same activities in other places abroad like the Middle East, but was not stopped.

The police asked both sides to sign a statement in which the investigation would be halted as of that time, as Mabatid had agreed to return the money paid by the complainants.

Mabatid promised the complainants she will give their money back

However, the complainants reserved their right to file individual complaints later on, as there were other people they wanted investigated for alleged illegal work.

The police said they would forward the case to the Immigration Department, which is in a better position to decide if prosecution is in order.

Among the people the complainants pointed out as having taken part in the alleged illegal activity is fellow domestic worker, Bryan Apostol Calagui, who promoted the two seminars by PCVC-OA in his social media blogs, and even gave the welcome remarks at both events.

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All of the complainants said they were enticed to attend the briefing in February because of Calagui’s frequent plugging of the “orientation” in his blogs and social media posts. To their dismay, they saw Calagui hastily leaving the venue after his speech on Sunday, so they were not able to get the police to question him as well.

Calagui hurriedly left after giving the welcome remarks during the Sunday briefing
 

However, Mabatid, on being questioned by the police, said that Calagui was the only one with a HKID in her group.

The talks between the two sides dragged on for about two hours as the complainants wanted to go to the police station with Mabatid so they could file separate complaints. But Mabatid instead offered to return their money on Tuesday, which was met with immediate resistance by the domestic workers who are only able to go out on Sundays.

BASAHIN ANG DETALYE

Her insistence that they give her all their names, addresses in the Philippines, and the amount they were claiming, also rattled some of the complainants, who claimed that Mabatid had repeatedly warned them earlier that they would face legal consequences on their return home.

Both sides eventually agreed to do it next Sunday, June 25, but the question of venue again sparked disagreement. Mabatid wanted to meet them at the Conrad’s lobby, but the workers balked, saying they wanted a more neutral place.

The problem was settled after the two sides learned that Consul General Raly Tejada himself gave permission for them to meet at the Consulate at 10am on June 25.

In the earlier recruitment, Calagui watched as applicants paid $18,7000 each in an Admiralty park

Earlier, Mabatid’s remarks that “Para naman kayong di Pinoy, tumawag pa kayo ng pulis” or “Pera lang naman yan, bayaran ko na lang” (It's like you're not fellow Filipinos, you even got the police involved" or "That's just money, I can just pay it all back") sparked resentment among the complainants.

One was so irked she told the police, “Just arrest them, never mind if I don’t get my money back.”

Most of the complainants said they did ask for a refund earlier but were harshly told by Mabatid’s staff that this could not be done.

EXTENDED TO JUNE 30!!

They were reminded that they signed a memorandum of agreement (MOA) stating that they would not file any case against Opportunities Abroad whatever the outcome of their visa application, and that the processing fee collected from them was not refundable.

This was reportedly the same thing that Mabatid cited on Sunday when she warned the complainants that she would file cases against them in the Philippines for reneging on their undertaking under the MOA.

Sunbeam Theater in North Point was packed with applicants during the Feb 19 recruitment 

What the applicants didn’t realize was that it would be a long, hard climb for them from that time on.

Despite being assured by Mabatid that she would lend Php1 million to each of the about 500 people who attended her first seminar to support their visa applications, her staff told a worker that she should produce her own “alibi” or reason why she had that much money in her account all of a sudden.

The worker said in reply, “Di pwede mag alibi sir, kasi ma-question kami ng IO (immigration officer) at after that ma-refuse ang student visa namin.” (We should not attempt to give a wrong alibi because the immigration officer might question us, and as a consequence reject our visa application).

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Another applicant said he was thrown off by the long list of requirements he was meant to comply with, when during the orientation when they were convinced to pay money on the spot, Mabatid and her people kept assuring them that everything would be taken care of.

One other complainant said she had thought that they would have access to the Php1 million “loan” that would be transferred to their accounts, but was shocked to learn that the money will appear in their bank accounts for just a month once they start their visa application.

Despite this, they will be charged Php49,500 in “bank processing fees” for the month that the money that they will never get to touch, is parked in their accounts. They will also have to pay an additional Php100,000 as downpayment for their tuition, or they cannot move to the next stage.

The fees shown did not include the full-year tuition which costs up to P800k

Another applicant who decided to direct her query to Calagui claimed to have been shocked when he told her through chat that she needed to pay the Php100,000 first before the promised Php1 million “loan” would be transferred to her account through him.

Even if this tuition fee installment was included in the list of payables shown them during the orientation, the claimants said it did not set off alarm bells as they were assured that getting a student’s visa to Canada was a breeze, and that the Php1M "loan" to them would pay for future expenses. 

After hearing about the complaints Mabatid said there was a misunderstanding, and would tell her staff to go back to the applicants and correct the misinformation.

BASAHIN DITO

In a video taken during the February 19 seminar, Mabatid’s partner, lawyer Mark Russ Gamallo, could be seen telling applicants that the tuition fee in the schools where they would be applying with was between Php400,000 to Php800,000.

But he quickly brushed aside the OFWs’ qualms, saying they should be able to pay this off with the money they would make working on the side while studying fulltime, with more to spare.

Gamallo later told The SUN that the previous requirement that those on student visa in Canada could work no longer than 20 hours per week was no longer applicable. He later shared a Canada news report saying that the relaxed policy will last until the end of 2023.

However, a cursory check of the Canadian government’s website shows that the new rule, which took effect on Nov 15, 2022 and will last until Dec 31, 2023, applies only those who applied for a study permit (or extension) before Oct 7, 2022. After this date, only those who applied for a study permit extension can qualify for the privilege.

The promotional flyer for the Sunday event promised a wait of only 3 months

This means that even if the Hong Kong applicants manage to hurdle all the difficulties and secure a student visa, they will still have to worry about where to get the money to pay for their school fees, rent and food, not to mention what they normally send to the Philippines to support family members.

Twenty hours of working each week will barely sustain them during their stay in the country.

There is also the question of whether using money that is not theirs to support their visa application amounts to misrepresentation, even fraud, and as rightfully argued by one of the complainants, could land them in serious trouble.

Asked whether PCVC-OA was licensed with the Philippines Overseas Employment Authority, both Mabatid and Gamallo said that they need not get the accreditation as they were into visa consultancy and not recruitment.

Mabatid even flashed a signed certificate from the Department of Migrant Workers stating that her company was free to advertise its services in all media outlets. She said the one who issued the certificate was a DMW regional director.

However, this appears contrary to a memorandum titled “Policy on Immigration Consultants” (Memorandum Circular 10, series of 2003) which is posted on the DMW website. 

It states that:  “Immigration consultancy agencies and similar entities which are based locally, are required to obtain a license in accordance with the guidelines as provided for in Part II, Rule I, secs 1 and 2 and Rule 2, secs 1 to 5 of the 2002 POEA Rules and Regulations, before they may engage in recruitment and placement activities, regardless of the visa under which deployment shall be made eventually.”

OFWs lined up in the rain to listen to how they can gain entry as student in Canada 

The MC also states that official receipts should be issued to applicants, who should be charged only after they have obtained the EB3 visa.

This appears to be a grey area in the law, however, as visa assistance centers for tourists and other visa categories are able to freely operate in the Philippines. But the crucial difference is, if the student visa is promoted, as it was here, to gain backdoor entry to working in a foreign place, then regulation should be imposed.

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Small Claims Tribunal sets hearing of jobs ‘scam’ applicants

The Small Claims Tribunal is in this building

The Small Claims Tribunal is set to hear the cases filed by at least 35 Filipino domestic workers claiming a refund of between $5,000 and $20,000 they allegedly paid veteran jobs recruiter Ester Ylagan for apparently non-existent work in Britain and Canada.
The hearings are slated to begin on Aug. 29 and will last until the third week of September.
Consul General Bernardita Catalla has assured the claimants of help since most of them are unable to attend the weekday hearings.
Officials from both the Consulate and the Hong Kong Labour Department have encouraged the workers to file claims with the tribunal for faster disposition.
The claimants are among the more than 200 Filipinos who have sought help from Philippine and Hong Kong authorities, claiming to have been duped into paying for the fictitious jobs.
All the complainants named Ylagan, using her solely-owned company, Mike’s Secretarial Services, which used to have a shop on the third floor of World WidePlaza in Central, as the one who briefed them about the jobs supposedly on offer.
During the briefing, Ylagan reportedly introduced herself as the “boss” of Mike’s and Emry’s Service Staff Employment Agency, which had an adjacent office. She reportedly told the applicants she would not risk the solid reputation built by Emry’s in its 30 years of experience in the recruitment business, by offering them spurious jobs.
Latest records obtained from the Inland Revenue Department, however, show that Ylagan has been replaced as co-owner of Emry’s by her son, Ridge Michael Ylagan, as of July 15 this year, two days after its Central office was shut. Ricardo Ylagan is the other co-owner.
Mike’s records show on the other hand, that “international recruitment” was added to its nature of business as of June 17 this year. Before this, its business activities were limited to “typing, xeroxing and internet surfing”.
Both companies appear in the latest list of employment agencies licensed by the Employment Agencies Administration of the HK Labour Department.
Ylagan allegedly collected $10,000 from those applying for the jobs in Britain, and $15,000 for those bound for Canada. Most paid the total amount in cash, while a few asked to pay by installment. At least two of the claimants said they paid for themselves and another person, thus the claim for $20,000 each.
No receipts were issued to the applicants by Ylagan, who allegedly said she did not want to be taxed by the Hong Kong government. She said the money she collected would be sent to her partner in London for their FICC or foreign immigrant clearance certificate. However, Ylagan reportedly made them fill up “bio-data” sheets and recorded their payments on slips of paper. Some of these documents have apparently been retrieved by EAA officers, who have given copies to the concerned applicants.
The applicants started asking for their money back when the “job order” reportedly promised by Ylagan did not come as expected in June.
About a dozen applicants reportedly managed to get a refund from Ylagan in early June, after complaining to the Philippine Overseas Labor Office and the Mission for Migrant Workers.
In an interview with The SUN, Ylagan said she would return the applicants’ money, although she had already sent them all to her London partner she named as William Clinton James or William Clinton Erich. She said she had never met the man, and had communicated with him only via email.
But a few weeks later, she filed a complaint with the Central Police station, claiming a business partner had duped her out of $4.2 million. The police say they are still investigating the case.
Meanwhile, both the Consulate and the EAA have continued their separate investigations into the allegations.
EAA officers have called about a dozen applicants for interviews on various dates, and have reportedly asked them to act as witnesses in the case that would be filed against Ylagan and Emry’s.
Ylagan was also reportedly asked to appear for an interview, but she sent a solicitor in her stead.
The Consulate’s assistance to nationals section, on the other hand, says it continues to receive signed complaints from Ylagan’s recruits, some of whom have decided to return to the Philippines after being reportedly told they could return to Hong Kong as tourists and fly out to their destination with the others.
The developments came as solicitors acting for Emry’s and its “co-owners” Rick Ylagan and Ester Ylagan sent a “cease and desist” letter to Labor Attache Jalilo de la Torre, The SUN publisher Leo Deocadiz and this author, in relation to the jobs scandal.
In the letter dated August 8, 2016, Wong &  Co. Solicitors demanded that all three “cease and desist all defamation of character and reputation of Emry’s, Rick and Ester”.
The demand stemmed from Labatt de la Torre’s act of suspending the processing of work contracts by Emry’s due to Ester’s alleged violation of Philippine laws against third-country deployment by recruiting Filipinos for jobs in Britain and Canada.
The SUN, its editor and publisher were accused of acting with malice in reporting about the complaints against Ylagan and of conspiring with Labatt de la Torre in making defamatory statements against her, Rick and Emry’s.
Asked for a reaction to the solicitors’ letter, Labatt de la Torre told The SUN: “I will not be deterred by a letter from a solicitor in pursuing what I think is necessary to advance and protect the interests of OFWs in Hong Kong”.
The SUN’s own stance is clearly reflected in this article.

DMW chief tells USec to investigate ‘illegal’ recruitment of OFWs to Canada

Sec Ople says she is 'very interested' in the alleged case of illegal recruitment of OFWs to Canada

Department of Migrant Workers Secretary Susan Ople has confirmed an investigation into the alleged illegal recruitment and attempted trafficking of overseas Filipino workers in Hong Kong to Canada.

“I am very much interested in that case, and I have asked Undersecretary Hans Cacdac to look into it,” said Secretary Ople during today’s online briefing of Filipino community leaders in Asia on the new OFW Pass.

Ople also noted that The SUN's editor, lawyer Daisy  Mandap, had alerted her about the case.

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She added that all legal matters pertaining to OFWs, including the possibility of hiring a  legal retainer in Hong Kong for cases, would be handled by USec Cacdac. Matters relating to the illegal operations of recruiters are dealt with by USec Bernardo Olalia.

Separately, USec Cacdac assured The SUN that they were seriously looking into the human trafficking or cross-country allegation against the Philippines-based group led by a barangay captain in Cebu, Prisca Nina Mabatid, saying the DMW is “averse” to such activities.

As a follow-up to the initial inquiry held by Consulate officers on June 25, the complainants were recently asked to provide more details to the DMW’s Migrant Workers Office about their claims.

Pindutin para sa detalye

Police officers also scheduled another interview with the claimants after Mabatid failed to show up at the Consulate on the same day, reneging on her promise to return the workers’ money.

The DMW chief was responding to a question from Ester Bangcawayan of the Mission of Migrant Workers regarding the Department’s action on a letter sent by 11 alleged victims in Hong Kong of Mabatid’s PCVC.

Sec Ople with The SUN's editor Daisy Mandap(inset) at DMW's online consultation 

Bangcawayan is one of two case officers helping the complainants who mostly paid HK$18,700 (about Php131,000) to PCVC in February this year, after Mabatid personally came to Hong Kong to entice them to apply for student visas to Canada.

The applicants said that after paying the processing fee upfront, they were given a list of requirements that made them realize they could not qualify for the promised visa, or would not be able to earn enough to sustain living there even if they worked the allowed 20 hours a week.

PINDUTIN PARA SA DETALYE

Two balked when they realized Mabatid had tricked them into paying up by promising to lend each one of them Php1 million. 

One said she was told she would have to provide an "alibi" as to how she got to have this much money in her bank account all of a sudden, while another realized the money would just be put there to trick the Canadian government into giving them a student visa.

When they tried to ask for a refund because of the false promises given them, they were reminded that they had signed an agreement which barred them from asking for their money back, or from filing a lawsuit against the company.

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Also named in the complaint were Mabatid's partner, lawyer Russ Mark Gamallo, who did half of the recruitment pitch; two unnamed female staff members who collected the applicants’ money, and OFW driver and blogger Bryan Calagui who was tapped to promote the group's activities in Hong Kong.

The group held another recruitment drive at the same venue on June 18, which was disrupted when the complainants called the police in, saying the group being mostly tourists, were conducting an illegal activity. They also demanded to get their money back.

Calagui left before the police arrived while Mabatid was forced to cancel her presentation so she could talk to the police. Only Gamallo was left inside the venue to continue the orientation.

After about three hours of negotiations the police let Mabatid go after she promised to go to the Consulate the next Sunday to return the applicants’ money. But the investigating officer told the complainants that they should go back to the police if Mabatid failed to comply with her undertaking.

Mabatid showing off her luxury bus

In a defiant Facebook post on June 22, or three days before she was meant to face her accusers at the Consulate, Mabatid posted a video of her showing off her luxurious bus, which she captioned with: “Ready nako mo share sa akong tinagu-an (I am now ready to share where I hid) I got arrested in my bus not in HK,” with the hash tag “therealthing”.

On June 19, she also did a live interview with Calagui on Facebook while she was at Hong Kong airport about to fly back to the Philippines. She did not deny recruiting OFWs to move to Canada as students, but claimed that they were not genuine complaints against her and her company.

She brushed off the claims by some of the applicants as politically motivated, saying she and Calagui are known to be pro-government while her perceived enemies are on the opposite side of the fence.

Mabatid and Calagui claim the case against them is 'politically motivated'

However, all the 11 applicants who signed the complaints against them have told Consulate officials that they were enticed to apply because they shared Calagui’s politics and followed his blogs regularly.

Despite denying that she was given a list of the complainants, Mabatid’s staff began contacting the applicants by phone before the Consulate meeting. The only one who took the call and recorded it was told Mabatid decided not to go back to Hong Kong on the advice of her lawyers.

The caller who identified herself as being with PCVC, also dared the complainants to sue them, but warned that they could only do it in Cebu, as that is where they are based.

BASAHIN DITO

On June 28, Mabatid posted photos of her and Calagui with former presidential spokesman Harry Roque meeting with the top officials of the Consulate. She captioned this “a meet and greet with DMW and Philippine Consulate in Hong Kong.

Asked about the photos which seemed to suggest that the recruiters had the Consulate’s blessings, Consul General Raly Tejada said it was a simple courtesy call by Roque and no one else.

In her post, Mabatid pitched another call for Filipino domestic workers in Hong Kong to continue trusting them and Canada’s ability to give them a good life, and not listen to those who just want to pull them down.

At the same time, she warned her detractors that she will just see them in court “sa daming kasong sinampa namin.” (because of the many cases we have filed against them). However, she did not specify who were the people she was suing, and for what. 

'Good man' Calagui gives pep talk to applicants who lined up to pay the processing fee

She also took time to praise Calagui, saying “nobody can put a good man down, remember that.” (Her partner, Gamallo, earlier told the complainants they were distancing themselves from Calagui because they had heard so many complaints against him)

Mabatid also mentioned that she was setting up an office in Hong Kong soon to better service her clients at wala nang mang-aapak sa amin (so no one would look down on us again).

To this, one of her determined complainants warned, “Tingnan lang natin.” (Let us see).

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‘Duped’ job applicants seek tribunal help in getting refund

The Small Claims Tribunal is in this building

At least 35 Filipino domestic workers have gone to the Small Claims Tribunal to seek the refund of between $5,000 and $20,000 they claim to have paid veteran jobs recruiter Ester Ylagan for apparently non-existent work in Britain and Canada.

They are among the more than 200 Filipinos who have sought help from the Philippine Consulate and the Hong Kong Labour Department, claiming to have been duped into paying for the fictitious jobs.

All the complainants named Ylagan, using her solely-owned company, Mike’s Secretarial Services, which used to have a shop on the third floor of World Wide Plaza in Central, as the one who briefed them about the jobs supposedly on offer.

During the briefing, Ylagan reportedly introduced herself as the “boss” of Mike’s and Emry’s Service Staff Employment Agency, which had an adjacent office. She reportedly told the applicants she would not risk the solid reputation built by Emry’s in its 30 years of experience in the recruitment business, by offering them spurious jobs.

Latest records obtained from the Inland Revenue Department, however, show that Ylagan has been replaced as co-owner of Emry’s by her son, Ridge Michael Ylagan, as of July 15 this year, two days after its Central office was shut. Ricardo Ylagan is the other co-owner.

Mike’s records show on the other hand, that “international recruitment” was added to its nature of business as of June 17 this year. Before this, its business activities were limited to “typing, xeroxing and internet surfing”.

Ylagan allegedly collected $10,000 from those applying for the jobs in Britain, and $15,000 for those bound for Canada. Most paid the total amount in cash, while a few asked to pay by installment. At least two of the claimants said they paid for themselves and another person, thus the claim for $20,000 each.

No receipts were issued to the applicants by Ylagan, who allegedly said she did not want to be taxed by the Hong Kong government. She said the money she collected would be sent to her partner in London for their FICC or foreign immigrant clearance certificate.

However, Ylagan reportedly made them fill up “bio-data” sheets and recorded their payments on slips of paper. Some of these documents have apparently been retrieved by officers of the Employment Agencies Administration of the HK Labour Department, who have given copies to the concerned applicants.

The applicants started asking for their money back when the “job order” reportedly promised by Ylagan did not come as expected in June. 

The claims are set to be heard at the Tribunal over several days starting on Aug. 29.

Meanwhile, both the Consulate and the EAA have continued their separate investigations into the allegations.

EAA officers have called about a dozen applicants for interviews on various dates, and have reportedly asked them to act as witnesses in the case that would be filed against Ylagan and Emry’s.

Ylagan was also reportedly asked to appear for an interview, but she sent a solicitor in her stead.

The Consulate’s assistance to nationals section, on the other hand, says it continues to receive signed complaints from Ylagan’s recruits, some of whom have decided to return to the Philippines after being reportedly told they could return to Hong Kong as tourists and fly out to their destination with the others.

Mike's shop in WorldWide Plaza is now empty

The developments came as solicitors acting for Emry’s and its “co-owners” Rick Ylagan and Ester Ylagan sent a “cease and desist” letter to Labor Attache Jalilo de la Torre, The SUN publisher Leo Deocadiz and this author, in relation to the jobs scandal.

In the letter dated August 8, 2016, Wong &  Co. Solicitors demanded that all three “cease and desist all defamation of character and reputation of Emry’s, Rick and Ester”.

The demand stemmed from Labatt de la Torre’s act of suspending the processing of work contracts by Emry’s due to Ester’s alleged violation of Philippine laws against third-country deployment by recruiting Filipinos for jobs in Britain and Canada.

The SUN, its editor and publisher were accused of acting with malice in reporting about the complaints against Ylagan and of conspiring with Labatt de la Torre in making defamatory statements against her, Rick and Emry’s.

Asked for a reaction to the solicitors’ letter, Labatt de la Torre told The SUN: “I will not be deterred by a letter from a solicitor in pursuing what I think is necessary to advance and protect the interests of OFWs in Hong Kong”.

The SUN’s own stance is clearly reflected in this article. - Daisy CL Mandap