Undisguised highway robbery

PDAF, Malampaya fun, DAP, the so-called presidential pork - What do they have in common? They are the amount collected from us through income taxes, VAT, road user's fee and all the other different kinds of taxes levied on us by the government. This same government is supposed to spend this money judiciously such that it is not wasted but rather used to alleviate our way of life and improve our economy. Besides being spent on the day-to-day operation of the government, this money should also be spent to improve our infrastructure, for the health and welfare of our people, free quality education and all other necessary activities that would improve our living standards and enhance our image as a developing country.

Sadly, it is only now, we realize that the only token amount from the whole is spent on the above-mentioned concerns. It took just one whistleblower to open a can of worms to indicate the extent of corruption that is prevalent in this government of ours. From the lowliest "kasambahay" of Ms. Janet Napoles up to the hallowed halls of Malacañang, it seems everybody is involved. Some to a greater extent than others. There is a standing joke that if every government official involved is asked to resign, our government will cease to exist. As revealed by the whistleblower, millions and millions of pesos are being shared/divided by the facilitator, Ms. Janet Napoles and the principal government official. Imagine having no more space to keep the money that some have to be placed in the bathtub. Imagine further having seventy-five million pesos in ready cash. It's pointless to go into details as these have already been reported in the media.

Now, how do you call this? This is highway robbery of epic proportions. No amount of righteous indication through rallies and demonstrations can ever bring back the money the people earned through the sweat of their brow and the strength of their back. Only to be looted by these people. Today, we learned a bitter lesson and the only time we can exact revenge is during election. Bear in mind, election time is payback time. Remember the names of these scoundrels masquerading as politicians, never should you cast your vote for them.

Kathreena Joy O. Lopez

BS Psychology student

University of San Carlos-Talamban Campus

Direct from the labor front

Atty Josephus B Jimenez

Beware of illegal recruiters

Our beloved governor, Jun jun Davide called this writer by long distance the other day, concerning a situation that involves a Cebuano, whose wife has a labor problem in Saudi Arabia. Some years back, the former Governor of Misamis Oriental, now Cagayan de Oro City Mayor, called me overseas in Kuala Lumpur about some seafarers who were hired by Malaysian ship owners in Penang, and who were kidnapped by pirates in the Gulf of Aden. Then Congressman Gullas also sought my help in Kuwait about related problems concerning OFWs. I have thus proposed to both Governor Davide and Mayor Mike Rama just recently that all LGUs under their respective jurisdictions create a Committee on Migrant Workers, so that we can establish a Cebu Migrant Workers Assistance Office, province-wide. Cases of illegal recruitment have again become more rampant.

People do not realize that even recruitment agencies with valid license may commit illegal recruitment. Under the Labor Code, as amended by RA 8042 (Migrant Workers' Act) and the RA 10022 a year ago, whenever licensed agencies collect excessive placement fees beyond the equivalent of a month's salary, or refuse to issue a receipt, or recruit workers other than those specified in the Job Order duly verified by the Labor attaché on site and the POEA, then all these are acts of illegal recruitment. When illegal recruitment is done by three or more persons, it is classified as syndicated. If it is committed against three or more victims, then the crime becomes a large-scale offense. Both are tantamount to economic sabotage, the penalty can reach up to life sentence with maximum fine. Every day, poor Cebuanos gamble their hard-earned money just to get a job. There are many good recruiters, but the array of illegal syndicates are proliferating like mushrooms.

In one case, Pp vs Lalli (GR195419), decided by the Supreme Court on Oct 12, 2012, a female recruiter was sentenced to life in prison, and a fine of two million pesos for illegal recruitment of a minor girl, who was forced to work as a prostitute in Labuan, Malaysia. For the same set of facts, she was also convicted of Illegal Trafficking for which she was meted another life sentence and another fine of half a million. Moreover, she was condemned to pay half a million by way of moral damages and another hundred thousand as exemplary damages plus total costs of the suit and attorney's fees. These do not constitute double jeopardy because illegal recruitment and trafficking are two separate and distinct special crimes. In many other cases, a person convicted of illegal recruitment can also be convicted of estafa, involving the same victim and the same transaction (Pp vs Yabut, 374 Phil 575, 1999). Again, the court does not accept the defense of double jeopardy because one can commit one of the two crimes independent of the other.

A licensed recruiter can be convicted of illegal recruitment (Pp vs Ocden, GR 173198, 01 JUNE 2011). An accused once interposed the defense that the prosecution failed to present evidence that she is unlicensed. In Pp vs Ochoa, the Supreme Court nonetheless proceeded to affirm the conviction. Even if the victim executes an affidavit of desistance, rather belatedly, the court can proceed to try and convict the accused if there is evidence beyond reasonable doubt. Mere acts of referring a job applicant to an agency, or transporting the latter to the office of the agency, even if one does not receive money for such services, already constitute recruitment (Pp vs Ong, GR 119594, 18 Jan 2000). A complaint for illegal recruitment may prosper even if the complainant cannot present a receipt evidencing payment. Payment of placement pay is not an essential element of the crime of illegal recruitment (Pp vs Romero. GR 171644, 23 Nov 2011).

Under the present law, even when a recruiter refers a job applicant to borrow money from a specified lending firm, or tells him to get his medical certificate from a specific clinic, or requires him to get his PDOS (Pre-departure Orientation Seminar) from an exclusive seminar provider, these are already ILLEGAL RECRUITMENT. When agencies require OFWs to pay for their insurance policies, when recruiters refuse to condone loan interests when OFWs are repatriated due to no fault on their part, then the agencies can be charged with illegal recruitment. When agencies fail to deploy an OFW after getting money from him, or when agencies refuse to return passports and other documents, then the agencies can be charged criminally in court. How does recruitment become illegal? Let me count the ways. I am willing to work with Governor Davide and Mayor Rama. As former DOLE undersecretary and labor attaché, I am familiar with the rules and with the terrain.

If you have problems involving illegal recruitment, then you can look forward to your LGU, working with the three of us, in trying to help beleaguered OFWs from Cebu. When I was labor attaché in Malaysia, I rescued a girl from Santander who was held as virtual prisoner in Kota Kinabalu. When I was a diplomat in Taiwan, I helped a seaman from Bogo who was denied his pay. And when I was in Kuwait, I rescued a girl from Mantalongon who was raped and molested by three brothers in the Middle East. And so, if there is any way I can be of help, why not? I have helped Ilocanos in Taichung, Bicolanos in Kuala Lumpur and Ilonggos in the Middle East. Why not, our own Cebuanos? That call from Governor Jun jun was the signal of a new calling.