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A, B, C, and D,
Complainants,
versus
JOSE,
Respondent
x-------------------------------------------------------------x
POSITION PAPER
1.
letter of introduction from a said relative of Mr. Solatorio, the President of Solatorio
Manpower and Placement Agency Inorporated such company being able to employ and
send workers overseas by thousands;
2.
That knowing that the complainants are seeking employement abroad, the
respondent invited the former to come with him to the offices of Solatorio Manpower and
Placement Agency Inorporated;
3.
That on the respondents lead, the complainants gave their passports and
4.
remained to be unemployed even after six months from the date of payment;
5.
That the complainants demanded from Mr. Solatorio that the placement
6.
That such demands were refused and that Mr. Solatorio can no longer be
located;
7.
Mr. Solatorio, advertised the company and is, in such way, connected to or employed
under Solatorio Manpower and Placement Agency;
7.
inducement of a letter of introduction which the respondent claimed to possess, the latter
advertised the company;
8.
in large sale and has violated the prohibited acts laid out under the Labor Code of the
Philippines. Hence, this position paper.
ISSUE
Therefore, despite the fact that there was no payment made to the respondent, his
mere act of inviting the complainants and exhibiting that impression that he had the
ability to send them abroad, constituted recruitment through referral.
II
The Labor Code has expressly defined what activities or acts constitute illegal
recruitment by a syndicate or in large scale, under Article 38:
(a) Any recruitment activities, including the prohibited practices enumerated
under Article 34 of this Code, to be undertaken by non-licensees or non-holders of
authority, shall be deemed illegal and punishable under Article 39 of this Code.
The Department of Labor and Employment or any law enforcement officer may
initiate complaints under this Article.
(1) The accused engages in acts of recruitment and placement of workers defined
under Article 13(b) of the Labor Code or in any prohibited activities under Article
43 of the Labor Code;
(2) The accused has not complied with the guidelines issued by the Secretary of
Labor and Employment, particularly with respect to the securing of license or an
authority to recruit and deploy workers, either locally or overseas; and
(3) The accused commits the unlawful acts against three or more persons individually
or as a group.
All three elements are present in this given case. Firstly, the respondent clearly
recruited the complainants through referral when it induced them to believe that he had
the ability to send the complainants abroad for employment.
Secondly, the respondent did not comply with the required process and documents
demanded by law.
Lastly, the respondent committed such unlawful act against more than one person.
In this case, it was done against A, B, C, and D.
In the instant case, there is no other plausible explanation for the acts of
the respondent and to his inactions other than plain bad faith and malicious intention.
PRAYER
Copy furnished:
Copy of this Position Paper was sent by registered mail to the adverse party,
instead of personal service as required by the rules, because of the lack of personnel on
the part of the undersigned counsel to effect such personal service.
VERIFICATION
We, A, B, C, and D, all of legal age and Filipino, after having been duly sworn to
in accordance with law, depose and state THAT:
IN WITNESS WHEREOF, we hereunto affix our signature this June 25, 2015.
A
Affiant
Drivers License No. EC902393
B
Affiant
C
Affiant
Phil. Health No. 382102
D
Affiant
NOTARY PUBLIC