Terminology in recruitment registration law questioned

CEBU – Even with the approval of the ordinance on barangay recruitment and placement registration, Provincial Board Member Jose Ma. Gastardo expressed “deep concern over the definition of a term in the measure”.

Last Monday, the PB approved an ordinance establishing the mandatory registration of all forms of recruitment and placement activities done within the barangay level.

It is the aim of the ordinance to closely monitor all and every recruitment and placement activities conducted within the barangay level because the “crime of trafficking in persons is usually perpetrated in the guise of recruitment and placement services.”

PB member Agnes Magpale, chairperson of the committee on women, family and minors, and also the author of the ordinance, said that despite massive and persistent campaigns to curb and or prevent these condemnable and malevolent practices, the same is still prevalent in the country in general and in the Province of Cebu in particular.

But Gastardo, chairman of the committee on human rights and labor and acceleration, expressed concern over the definition of the term “recruitment entity.”

Under the ordinance, the recruitment entity defines any person or entity engaged in the recruitment and placement of people, whether or not he/she has a valid authority, license and permit duly issued by a government agency.

“Allow me, however to express my concern over the definition of the term ‘recruitment entity’, which to my understanding might also cover other simple acts of recruitment already deemed beyond the intent and measure of the ordinance,” Gastardo said in his letter.

Gastardo further stated that “it is my serious apprehension that if the terms recruitment and placement are not taken strictly in conjunction with the other, any person engaged in household-to-household recruitment for the sale of certain products would be necessarily compelled by the ordinance to register the activity with the barangay.”

Under the approved ordinance, it will be mandatory for all persons, intending to conduct recruitment and placement activities in a barangay, within the jurisdiction of the province of Cebu, to register such intent with the captain of the said barangay.

The act of registering said intent shall be considered as an application for a barangay permit to conduct recruitment and placement activities within a village.

No such recruitment and placement activity can be conducted without a barangay permit issued by the village chief.

Section 4 of the ordinance on registration process, provides that the barangay captain shall use the special registration book to record the intent of a person or a recruitment entity and shall include the registered name of the recruitment entity and its principal address, and the kind of authority to engage in recruitment and placement activities issued by the Department of Labor and Employment, Philippine Overseas Employment Agency, or any other competent government agency; as well as the names, personal circumstances and addresses of the representatives who will conduct the actual recruitment and placement activities in the barangay.

But in cases where the authority, license or permit presented by the recruitment entity or its representative is doubtful, the barangay captain shall refrain from issuing any barangay permit until the authenticity has been established.

Violation of the ordinance would mean imprisonment of not more than six months or a fine of not more than P5,000 or both at the discretion of the court.

Under the said measure, the provincial government will include in the ensuing budget of the province an appropriation of P500,000 for the initial implementation of the ordinance. — Garry B. Lao/MEEV (THE FREEMAN)