Professional Documents
Culture Documents
JOSE, A, B, C and D;
Complainants,
MARIO
Respondent.
X-----------------------------X
POSITION PAPER
I
PRELIMINARY STATEMENT
The Migrant Workers and Overseas Filipinos Act of 1995, in Section 2.-
Declaration of Policies, (paragraph b) stated that The State shall afford full
protection to labor, local and overseas, organized and unorganized, and promote
full employment and equality of employment opportunities for all. Towards this
end, the State shall provide adequate and timely social, economic and legal services to
Filipino migrant workers.
THE CASE
Page 1 of 6
THE PARTIES
STATEMENT OF FACTS
1.) One of the complainants, Jose is applying for employment abroad; he learned
that respondent, Mario is a very close relative of Eric Tamayo, the president
of Tamayo Placement Inc., one of the biggest placement companies in the
Philippines, sending seafarers abroad.
2.) One day Jose approached Mario and requested that an introductory letter be
issued to him addressed to Eric Tamayo.
3.) Mario, wanting to help his neighbor, wrote to his cousin Eric Tamayo saying
that Jose is applying for employment abroad, he is a hardworking, trustworthy
and efficient seafarer.
4.) While Jose was on his way to Tamayo Placement Inc., he passed by four
other neighbors namely A, B, C and D whom he also knew were seafarers
applying for employment abroad. Also wanting to help these four neighbors,
Jose bragged that he was given an introductory letter by Mario to Eric
Tamayo and invited the four in applying in the said company.
5.) Tamayo accepted the application papers of Jose, A, B, C and D and took
their passports and other documents and charged them P50, 000.00 each as
placement fee.
6.) Eight months later, Jose and the four others are still unemployed and Tamayo
is nowhere to be found.
Page 2 of 6
7.) Jose and the four others filed a complaint for Illegal Recruitment against
Mario, hence this instant case.
ISSUE
1. Whether or not the case for Illegal Recruitment against Mario filed by Jose, A, B,
C and D is valid.
REPUBLIC ACT NO. 8042 or theMigrant Workers and Overseas Filipinos Act of
1995, Section 3, paragraph a, states that
Section 6 also of the same above quoted law provides further that For
purposes of this Act, illegal recruitment shall mean any act of canvassing,
enlisting, contracting, transporting, utilizing, hiring, or procuring workers and
includes referring, contract services, promising or advertising for employment
abroad, whether for profit or not, when undertaken by a non-licensee or non-
holder of authority contemplated under Article 13(f) of Presidential Decree No.
442, as amended, otherwise known as the Labor Code of the Philippines: Provided,
That any such non-licensee or non-holder who, in any manner, offers or promises
for a fee employment abroad to two or more persons shall be deemed so
engaged. It shall likewise include the following acts, whether committed by any
person, whether a non-licensee, non-holder, licensee or holder of authority:
Page 3 of 6
In lieu of the aforementioned provision, the act of Mario, writing to his cousin Eric
Tamayo saying that Jose is applying for employment abroad and that the latter is a
hardworking, trustworthy and efficient seafarer is deemed to be an act of vouching
and or guaranteeing that Jose indeed is qualified for employment abroad as a seafarer
even if such has no valid basis. Mario gave or furnished his cousin Eric Tamayo false
PRAYER
Other reliefs just and equitable under the premises are also prayed for.
RESPECTFULLY SUBMITTED.
Page 4 of 6
Atty. Cayen Cervancia Cabiguen
Counsel for the Respondent
Roll No. 061793; 03/17/2010
IBP No. 534585; 02/10/2013-Quezon City
PTR No. 64936; 02/10/2017- Quezon City
MCLE Compliance No. 5-321; 05/15/17
Copy furnished:
The Respondent
VERIFICATION
I, JOSE, Filipino, of legal age, residing at 169 Road 1 Bagong Pag- Asa,
Quezon City, after having been duly sworn to in accordance with law, depose and state:
I am one of the named complainants in this instant case.
I have cause the preparation of the foregoing Position Paper and I have read the
same and the contents of which are true and correct of my knowledge and/or on the
basis of authentic documents.
I have not filed any other cause of action involving the same set of facts, parties
or the sane relief as the foregoing in any court, tribunal and/or before any quasi-judicial
bodies or administrative agencies and in the event I should learn that a similar action or
proceeding has been filed or is pending before the Supreme Court, Court of Appeals, or
the different Divisions thereof, the Regional Trial Court, or any other judicial tribunal or
agency in the Philippines, I undertake to inform this Honorable Arbiter and such other
tribunal or agency of that fact five (5) days therefrom.
In witness whereof, I hereunto affix my signature on the date and place
mentioned in the jurat.
JOSE
Affiant
PRC No. 0415134
Manila/03-10-2012
Page 5 of 6
Reshyl A. Badajos
Attorneys Roll No. 98765
IBP No. 36475/3-13-12/Quezon City
PTR No. 7661437/3-12-17/Quezon City
MCLE Comp. Cert. No. III-0004321
555 Visayas Avenue, Quezon City
EXPLANATION
Copy of this position paper was sent by registered mail to adverse party, instead
of personal service as required by the rules, because of lack of personnel on the part of
the undersigned counsel to effect such personal service.
Page 6 of 6