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    W Vs Mario and Jose

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    rollanekim
    This document is a position paper submitted by complainants W, X, Y, and Z to the National Labor Relations Commission against respondents Mario and Jose for illegal recruitment. The complainants allege that they each paid Mario and Jose 50,000 pesos in exchange for employment as seafarers overseas, but eight months later they remain unemployed. The position paper argues that Mario and Jose are liable for large-scale illegal recruitment under the Philippine Labor Code since they recruited and accepted fees from four people without the proper license. The complainants are requesting a judgment finding Mario and Jose liable.

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    W Vs Mario and Jose

    Uploaded by

    rollanekim
    80 views5 pages
    This document is a position paper submitted by complainants W, X, Y, and Z to the National Labor Relations Commission against respondents Mario and Jose for illegal recruitment. The complainants allege that they each paid Mario and Jose 50,000 pesos in exchange for employment as seafarers overseas, but eight months later they remain unemployed. The position paper argues that Mario and Jose are liable for large-scale illegal recruitment under the Philippine Labor Code since they recruited and accepted fees from four people without the proper license. The complainants are requesting a judgment finding Mario and Jose liable.

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    W vs mario and jose

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    This document is a position paper submitted by complainants W, X, Y, and Z to the National Labor Relations Commission against respondents Mario and Jose for illegal recruitment. The complainants allege that they each paid Mario and Jose 50,000 pesos in exchange for employment as seafarers overseas, but eight months later they remain unemployed. The position paper argues that Mario and Jose are liable for large-scale illegal recruitment under the Philippine Labor Code since they recruited and accepted fees from four people without the proper license. The complainants are requesting a judgment finding Mario and Jose liable.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    80 views5 pages

    W Vs Mario and Jose

    Uploaded by

    rollanekim
    This document is a position paper submitted by complainants W, X, Y, and Z to the National Labor Relations Commission against respondents Mario and Jose for illegal recruitment. The complainants allege that they each paid Mario and Jose 50,000 pesos in exchange for employment as seafarers overseas, but eight months later they remain unemployed. The position paper argues that Mario and Jose are liable for large-scale illegal recruitment under the Philippine Labor Code since they recruited and accepted fees from four people without the proper license. The complainants are requesting a judgment finding Mario and Jose liable.

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    You are on page 1of 5

    REPUBLIC OF THE PHILIPPINES

    DEPARTMENT OF LABOR AND EMPLOYMENT


    NATIONAL LABOR RELATIONS COMMISSION
    QUEZON CITY

    W, Et., Al.

    COMPLAINANTS,

    NLRC CASE NO. NCR – 16 - 000003

    -versus-

    Reyes Shipping Agency Inc.,


    represented by Mario
    and Jose

    RESPONDENTS.

    x-----------------------------------x

    POSITION PAPER
    (OF THE COMPLAINANTS)

    Complainants, through counsel, unto this Honorable Office, most


    respectfully submit their Position Paper and in support thereof states that:

    THE PARTIES

    Complainants W, X, Y, and Z are all of legal age, Filipinos and all


    resident of Casa Montana Compound 611 F. Cayco St. Sampaloc, Manila,
    where they may be served with decision, orders, and notices

    Respondent Mario, is of legal age, Filipino, a representative of Reyes


    Shipping Agency Inc., and a resident of 22 Simoun St. Sampaloc, Manila.
    Where it may be serve with decisions, orders, and notices.
    Respondent Jose, is of legal age, Filipino, and a resident of 616 F. Cayco
    St. Sampaloc, Manila. Where he may be served with decision, orders and
    notices.

    STATEMENT OF THE FACTS

    Jose is and OFW who has been working abroad for several years already.
    He learned that Mario is a close relative of Mr. Reyes who is the President of
    Reyes Shipping Agency, Inc. Thinking that he may have an advantage if he can
    secure an introductory letter, he approach Mario and requested the latter to
    prepare for Jose and introductory letter to Mr. Reyes. On his way to the Office
    of Mr. Reyes, Jose passed by W, X, Y and Z (Complainants for brevity) whom he
    is also aware to be applying for a job as a seafarer’s like him. Wanting to help
    the complainants, he invited them to join him in applying for a job as seafarer’s
    with Mr. Reyes. Eight (8) months after Jose and the complainants gave their
    passports and placement fee of P50,000 each, they are still unemployed.

    ISSUE

    Whether or not Mario and Jose are both liable for Illegal Recruitment
    (large scale) under the Labor Code of the Philippines.

    DISCUSSIONS AND ARGUMENTS

    Any person whether natural


    or juridical person may be held
    liable for Illegal Recruitment

    “Recruitment and placement" refers to any act of canvassing, enlisting,


    contracting, transporting, utilizing, hiring, or procuring workers, and includes
    referrals, contract services, promising or advertising for employment, locally or
    abroad, whether for profit or not. Provided, That any person or entity which, in
    any manner, offers or promises for a fee employment to two or more persons
    shall be deemed engaged in recruitment and placement. 1
    1
    People vs Jamilosa, GR No. 169076, January 23, 2007.
    Under Republic Act No. 8042, the crime of illegal recruitment may be
    committed by any person, whether a non – licensee, non – holder, licensee or
    holder of authority. It can be gleaned that under this law, in order to prove
    illegal recruitment, there is no to establish whether the accused is a licensee or
    holder of authority or not because it no longer an element of the crime. 2

    It is contented that herein respondents Mario and Jose are both liable for
    Illegal Recruitment in large scale. The essential elements of illegal recruitment
    in large scale are as follows:

    1. The accused engages in the recruitment and placement of workers as


    defined under Article 13 [b] or in any prohibited activities under
    Article 34 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 same against three (3) or more persons,
    individually or as a group.3

    What is important as qualifying element is that there should be at least


    three (3) victims of such Illegal Recruitment, individually or as a group. 4

    That the above – mentioned elements are present in this case to hold
    respondents liable for Illegal Recruitment. Up to present, Complainant were
    still unemployed despite the fact that they have given their passports and
    respective placement fees to the respondents in exchange of employment as
    seafarer’s abroad. Therefore, such act constitutes Illegal Recruitment and is
    punishable under the Labor Code of the Philippines.

    2
    People vs Jimmy Ang, G.R. No. 181245, August 6, 2006
    3
    Chan, Joselito Guianan, Bar Reviewer on Labor Law, 2012 ed., p. 38

    4
    People vs Bautista G.R. No. 113547, Feb. 9, 1995, 241 SCRA 216
    PRAYER

    WHEREFORE, it is most respectfully prayed of this Honorable Office that


    judgment be rendered in favor of the Complainants W, X, Y and Z that
    respondents are liable for Illegal Recruitment under the Labor Code.

    Other reliefs, just and equitable under the premises, are likewise prayed
    for.

    10 December 2015 at City of Manila (Quezon City), Metro Manila

    Counsel for the Complainant


    Suite 504 Dona Imelda Bldg. Sampaloc, Manila
    Roll No. 12345 01/02/15
    IBP Lifetime Member No. 202020
    IBP Pampanga Chapter
    MCLE Compliance No. V – 0293939 07/13/15
    PTR No. 3282882, 09/14/15, City of San Fernando, Pampanga

    Copy Furnished:

    Mario
    22 Simoun St. Sampaloc, Manila.

    Jose
    616 F. Cayco St. Sampaloc, Manila.

    VERIFICATION AND CERTIFICATION OF NON – FORUM SHOPPING

    I, W, of legal age, after having been duly sworn in accordance with law, depose
    and state that:

    1. I am the Complainant in the above – stated case;

    2. I caused the preparation of the foregoing complaint;


    3. I have read the contents thereof and the facts stated therein are true and
    correct of my personal knowledge and/or on the basis of copies of
    documents and records in my possession;

    4. I have not commenced any other action or proceeding involving the same
    issues in the Supreme Court, the Court of Appeals, or any other tribunal
    or agency; and

    5. If I should thereafter learn that a similar action or proceeding has been


    filed or is pending before the Supreme Court, the Court of Appeals, or
    any other tribunal or agency, I undertake to report the fact within five (5)
    days therefrom to this Honorable Office.

    W
    Affiant

    SUBSCRIBED AND SWORN to before me this 11 day of December 2015


    at City of Manila, affiant exhibiting to me his LTO Driver’s license no. C10-
    3432424 issued on June 16, 2015 at Balanga, Bataan.

    NOTARY PUBLIC
    Doc No.: ______
    Page No.:______
    Book No.:______
    Series of 2015.

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