5 who ‘connived’ in illegal recruitment charged

CEBU, Philippines — The Cebu City Prosecutor’s Office has indicted five persons before the court for allegedly helping with each other in recruiting workers abroad when they do not have the license to do so.

Marichu Variacion, Janet Desales, Plantar Martinito, Bobby Pelausa, and Cindy Cañete are facing a criminal charge for violation of Section 6(m) of Republic Act 10022 or syndicated illegal recruitment in large scale.

“Since respondents were acting in concert and conspired with one another, their illegal recruitment activity is considered done by a syndicate, making the offense illegal recruitment involving economic sabotage,” read the resolution.

Prosecutor II Fatima Asjali-Maadil recommended no bail against the accused.

Marlon Orias, one of the seven complainants, alleged that last January 20, 2018, he learned that HYVA Agency was recruiting workers to be deployed to Finland for various positions and there will be orientation seminar to be held at a hotel along Pelaez Street, Cebu City.

Since he was interested, he went to the orientation and saw more or less 50 to 60 applicants. There, he met Variacion, Cañete, and other staff members who allegedly represented themselves as representatives of said recruitment agency.

Variacion allegedly informed him that the agency needs 7,000 workers to be deployed to Finland for various job and she had connections and influence both with the Philippine Overseas Employment Agency (POEA) and in Finland to facilitate their employment.

Orias said he was recruited to work as a hotel cleaner and he was promised to receive 1,200 Euro in monthly salary.

After paying the necessary fees, he was told he will be deployed in November 2018.

However, last October 24, 2018, he learned that the Criminal Investigation and Detection Group (CIDG) had arrested Variacion in an entrapment operation for illegal recruitment.

Other complainants were Genevieve Eston, Jenneffer Besuña, Rhoderick Besuña, Melani Cogtas, Mary Mae Arranguez, and Ma. Cris Luchavez.

Subpoenas were sent to all respondents but only Martinito submitted her counter-affidavit.

Martinito claimed there was no mention of her participation, direct or indirect, be it as a principal, an accomplice or an accessory to the commission of the offense and that there was neither an allegation of her participation in the alleged deceit and illegal recruitment activities.

She was one of the applicants for an overseas employment, she added.

Maadil, however, ruled in favor of the complainants.

The Philippine Overseas Employment administrations (POEA) issued a certification that HYVA Agency and Variacion were not licensed or authorized to recruit workers for overseas employment.

"The court has held  in several cases that an accused who represents to others that he or she could send workers abroad for employment, even without the authority or license to do so, commits illegal recruitment," read the resolution. (FREEMAN)