OFWs insist placement firm is liable for estafa

CEBU, Philippines – The 22 Overseas Filipino Workers, who earlier sued the placement agency that deployed them to the Republic of Trinidad and Tobago for alleged syndicated and large-scale illegal recruitment and estafa, yesterday asked for the reconsideration of the Cebu City Prosecutor’s Office resolution dismissing the case against the Be Glad Worldwide Placement Agency.

Jacqueline Ann Fortuna and the others who were detained in the Republic of Trinidad and Tobago for lack of the proper working permits assailed the prosecutor’s resolution.

The complainants said that assistant Cebu City prosecutor Jose Nathaniel Andal erred in his March 9 resolution recommending the dismissal of case against Marie Gladys Uy, Josefina Casiana, Jessa Paran and Leah Rama and two other unidentified persons for lack of evidence.

Andal’s recommendation was approved by Cebu City prosecutor Nicolas Sellon.

Andal held that the complainants failed to establish the elements of illegal recruitment as provided for under Section 6 of the Republic Act 8042 otherwise known as the Migrant Works Welfare Act.

According to Andal, the complainants were indeed deployed by the respondents in the Republic of Trinidad and Tobago. Andal said that the “mere breach of the employment contract, no matter how serious it may be, is not taken to mean ‘exploitation’ within the concept of trafficking in person”.

Andal also found “no cogent reason to indict the respondents of the crime of estafa”.

But the complainants said that the prosecutor failed to address the criminal liabilities of the other respondents. They pointed out the responsibility of Perpetua Baldemor of Blue Pearl Travel and Tours who was allegedly involved in the processing of the employment and travel documentations of the complainants.

The complainants also assailed the prosecutor’s giving credence to the affidavits of the inspectors of the agency who claimed that the victims were “treated humanely and equitably” while in the Republic of Trinidad and Tobago.

According to the complainants, the affidavits of the inspectors should not be given weight because they came to Trinidad and Tobago long after they have already been repatriated to the Philippines.

The complainants argued that sending them successfully to the overseas jobsite does not mean that there was no illegal recruitment committed by the respondents. They cited the admission of the Philippine Overseas Employment Administration during the investigation conducted by the House of Representatives that Be Glad Worldwide Placement Agency committed illegal recruitment. — Fred P. Languido/BRP (THE FREEMAN)