REPUBLIC OF THE PHILIPPINES

Department of Labor and Employment

NATIONAL LABOR RELATIONS COMISSION
NATIONAL CAPITAL REGION
ARBITRATION BRANCH
Quezon City

JOSE, A, B, C and D;
Complainants,

- Versus NLRC NCR Case No: 00-0000-01

MARIO
Respondent.

X-----------------------------X

POSITION PAPER

COMPLAINANTS, by the undersigned counsel and unto this Honorable Labor

Arbiter Office, most respectfully submit this position paper and avers the following to wit:

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

This is a case of Illegal Recruitment filed by the complainants JOSE, A, B, C and

D against the respondent MARIO.

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 THE PARTIES

1. COMPLAINANTS, JOSE, A, B, C and D, are of legal age, Filipino Citizens and

are residing at Bagong Pag-Asa Quezon City where they may be served with
summons and other legal processes of this Honorable Office. Moreover,
complainants are being represented by Cabiguen Law Office with office address
at No. 17 Bright Building, Mindanao Ave. Quezon City

2. RESPONDENT, MARIO is of legal age, Filipino Citizen, and is residing at 157

Road 1, Bagong Pag-Asa, Quezon City.

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.

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 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.

ARGUMENTS AND DISCUSSION

REPUBLIC ACT NO. 8042 or theMigrant Workers and Overseas Filipinos Act of
1995, Section 3, paragraph a, states that

Migrant worker refers to a person who is to be engaged, is engaged

or has been engaged in a remunerated activity in a state of which he or she
is not a legal resident; to be used interchangeably with overseas Filipino
worker.

By the definition of the words migrant worker, complainants in the case

at bar, who are applicants for employment abroad are therefore qualified to avail
the remedies provided for by this act.

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:

(b) To furnish or publish any false notice or information or

document in relation to recruitment or employment.

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 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

information relating to Joses recruitment or employment.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of this

Honorable Labor Arbiter, the decision be rendered, to wit:

1. Declaring Respondent Mario guilty for Illegal Recruitment and

further, order the Respondent to pay Complainant in accordance
with law.

2. Ordering the respondent to reimburse the expenses incurred by the

complainants, including but not limited to the placement fee paid by
each of them and the incidental expenses incurred; the amount of
P50, 000 as moral damages and the amount of P50, 000 as
exemplary damages.

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

RESPECTFULLY SUBMITTED.

Quezon City, June 30, 2017.

CABIGUEN LAW OFFICE

No. 17 Bright Building, Mindanao Ave. Quezon City
Tel No. (02) 143-4400

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 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.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 30 th

day of June 2017, in the City of Quezon, Philippines.

JOSE
Affiant
PRC No. 0415134
Manila/03-10-2012

SUBSCRIBED AND SWORN to before me this 30th day of June 2017, in

the City of Quezon, Philippines. Affiant exhibited to me his PRC ID above-written.

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 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

Doc. No. ______;

Page No. ______;
Book No. ______;
Series of 2017.

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.

ATTY. CAYEN CERVANCIA CABIGUEN

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