CEBU, Philippines — Three alleged illegal recruiters will have to stay behind bars while their case is being tried in court as the Cebu City Prosecutor’s Office did not recommend bail for their temporary liberty.
Prosecutor II Ramon Carisma held Gretchen Lauron alias Chen Lao of Cebu City; Efren Lustre of Barangay Tayud, Liloan, Cebu; and Jonah Luga of Sitio Kamagong, Barangay Lahug, Cebu City, for trial for a violation of Republic Act (RA) 8042 as amended by RA 10022 or the Migrant Workers and Overseas Filipinos Act.
They allegedly conspired with each other in recruiting workers for overseas job but failed to deploy their recruits to their destinations.
“The positive declarations of complainants that respondents took turns in entertaining them about the advertised work in Macau, giving introductions re the documentary requirements, assuring them not to worry about the un-receipted placement fee they paid since (the agency) is licensed by POEA and giving the final briefing prior to their departure for Hongkong, more than suffice to establish probable cause to hold all three respondents for syndicated illegal recruitment,” stated the resolution.
In her complaint, Jioly-an Dorog Acero, a resident of Barangay T. Padilla, Cebu City, said that on November 3, 2017 at about 3:45 p.m., Luga posted through Facebook that their agency had an urgent hiring, specifically stating “DIRECT HIRING for HOTEL and CASINO in MACAU!!!” with email address and office address.
Aside from that, Luga posted that their agency is duly licensed with the Philippine Overseas Employment Agency (POEA) to hire workers abroad. Hence, Acero went to the office at General Maxilom Avenue, Cebu City and inquired.
Lauron allegedly entertained her and discussed what Luga posted on Facebook.
Later, they were told to prepare their resume, passport, NBI clearance, medical examination, and P45,000 as placement fee.
Acero said she and other applicants paid P3,500 each for their medical expenses. They were assisted by Lauron and Luga.
Together with the other applicants, Acero said they went back to the agency. Therein, they were entertained by Lauron, Luga, and Lustre where they paid P22,500 each, half of the total placement fee which was received by Lustre.
Acero said together with other recruits, they arrived in Macau. However, while there, no work awaits them. They communicated with the agency but there was no respond, thus, they flew back to Cebu.
Acero said she spent P105,534. A certification from POEA states that only Lauron is the staff of the recruitment agency while the others were not.
In their joint counter-affidavit, Lauron and Luga denied the allegations filed against them.
They claimed that they never received P45,000 as placement fee since it was Lustre who personally received the money and dealt with Acero and others.
Lustre did not submit his counter-affidavit.
Luga claimed posting direct hiring on his Facebook wall was done in good faith and without any knowledge and consent of the agency.
With the foregoing, Carisma found probable cause to indict the three of the complaint filed.
“All told respondents’ expostulations in their joint counter-affidavit raise matters of defense necessitating judicial scrutiny in a full-blown trial for purposes, of determining probable cause, complainants’ positive declarations preponderate,” the resolution read. — MBG (FREEMAN)