No bail for ‘bogus’ recruitment firm

CEBU, Philippines - The Office of the Cebu City Prosecutor has recommended no bail against the employees of ICS Global Visas, Inc. for conniving each other despite lack of authority to recruit employees abroad.

Prosecutor II Ricky Jones Macabaya indicted Adrian Adlawan, Irenea Victoria Clifford, Tadeusz Marian Anthony Mikiel, Jamestephen Vasquez, Rowena Apaap, and Neal Ballesteos for a violation of Republic Act 8042 known as the Migrant Workers and Overseas Filipino Act and estafa.

“The evidence satisfactorily established that Adlawan and/or ICS Global enticed, recruited the complainant and claimed that they have the power and ability to send her abroad particularly in Australia as a teacher for a consideration.  In view of the promise and representation made by Adlawan and/or ICS Global, complainant paid them the amount of  P90,000. However, contrary to their promised complainant was not able to leave the country…despite demand,” the joint resolution reads.

Aliesana Basubas-Berdon, a teacher by profession sued Adlawan, consultant of ICS Global; Clifford, Bryan Lee Palmer, Wilfredo Miranda, Idelina Ballesteros, and Niel Ballesteros as incorporators owners; and the board of directors Mikiel, Vasquez and Apaap.

In her complaint, she alleged that sometime in 2012,  Adlawan called her and told that he and the company has the ability to send her abroad for work and told to bring her resume and other credentials.

She added Adlawan assured that she will get a job in Australia as teacher and she made an initial payment of P45,000 on June 29, 2012 and other P45,000 on July 28, 2012.

However, Adlawan said contrary to their promised, she was not able to leave the country and the ICS Global refused to refund her P90,000.

She added it was later she learned that the ICS Global and/or Adlawan were not authorized by the Philippine Overseas Employment Administration (POEA) to recruit workers for overseas employment.

Macabaya directed the accused to file their counter-affidavits but failed.

“Subpoena, together with copies of the complaint and its annexes, were sent to the respondents. However, to date, no counter-affidavit was filed by them. As such, this case will be resolved on the basis of evidence presented by the complainant as respondents are deemed to have waived the presentation of their evidence,” the joint-resolution reads.

After careful evaluation, Macabaya found enough evidence to hold respondents for trial except Palmer, Miranda and Idelina Ballesteros.

“As regards to the complaints for the crime of estafa and for violation for RA 8042 filed against Palmer, Miranda and Idelina, the same are hereby dismissed for lack of probable cause. This is because the evidence presented by the complainant failed to satisfactorily establish that the said respondents participated in the recruitment and hiring of the complainant,” the resolution further reads, adding being incorporators of ICS Global they have no hand in the management, control and decisions of the said company. — Mylen P. Manto/JMD (FREEMAN)