Migrant Workers and Overseas Filipinos Act
RULE VI
ANTI-ILLEGAL RECRUITMENT PROGRAMS
Section 1. POEA Anti-Illegal Recruitment Programs. The POEA adopts policies and procedures, prepares and implements intensified programs
And strategies towards the eradication of illegal recruitment activities such as, but not limited to the following:
(a) Providing legal assistance to victims of illegal recruitment and related cases which are administrative or criminal in nature, such as but not limited to documentation and counseling.
(b) Prosecution of illegal recruiters, during preliminary investigation and during trial in collaboration with the DOJ prosecutors;
(c) Special operations such as surveillance and closure of establishment or entities suspected to be engaged in illegal recruitment; and
(d) Information and education campaign.
Whenever necessary, the POEA shall coordinate with other appropriate entities in the implementation of said programs.
Section 2. Legal Assistance.
The POEA shall provide free legal service to victims of illegal recruitment and related cases which are administrative or criminal in nature in the form of legal advice, assistance in the preparation of complaints and supporting documents, institution of criminal actions.
Section 3. Receiving of Complaints for Illegal Recruitment.
Victims of illegal recruitment and related cases which are administrative or criminal in nature may file with the POEA a report or complaint in writing and under oath for assistance purposes.
In regions outside the National Capital Region, complaints and reports involving illegal recruitment may be filed with the appropriate regional office of the POEA or DOLE.
Section 4. Endorsement of Case to the Proper Prosecution Office. The POEA, after evaluation and proper determination that sufficient evidence exists for illegal recruitment and other related cases, shall endorse the case to the proper Prosecution Office for the conduct of preliminary investigation.
During preliminary investigation, the complainant may avail of legal assistance or counseling from the POEA.
Section 5. Institution of Criminal Action. The Secretary of Labor and Employment, the POEA Administrator or the DOLE Regional Director, or their duly authorized representatives, or any aggrieved person, may initiate the corresponding criminal action with the appropriate office.
Section 6. Affidavits and Testimonies of Operatives. Affidavits and testimonies of operatives or personnel from the DOLE, POEA and law enforcement agencies who witnessed the acts constituting the offense shall be sufficient basis to prosecute the accused.
Section 7. Legal Assistance During Trial. In the prosecution of offenses punishable under Section 6 of the Act, the Anti-Illegal Recruitment Branch of the POEA shall collaborate with the public prosecutors of the DOJ and, in certain cases, allow the POEA lawyers to take the lead in prosecution.
Section 8. Special Allowance for Lawyers of the Prosecution Division. The POEA lawyers who act as special counsels during preliminary investigation and/or as collaborating attorneys of the public prosecutors of the DOJ during court hearings shall be entitled to receive additional allowances in such amounts as may be determined by the Administrator.
Section 9. Action on the Complaint/Report.
Where the complaint/report alleges that illegal recruitment activities are ongoing, surveillance shall be undertaken at the premises where the alleged illegal recruitment activities are conducted. If illegal recruitment activities are confirmed, the POEA Director of the Licensing and Regulation Office (LRO) shall recommend to the POEA Administrator the institution of criminal action and/or the issuance of a closure order or order of preventive suspension.
Section 10. Surveillance. The POEA and/or designated officials in the DOLE regional offices may, on their own initiative, conduct surveillance on the alleged illegal recruitment activities.
Within two (2) days from the termination of surveillance, a report supported by an affidavit shall be submitted to the Director-LRO or the Regional Director concerned, as the case may be.
Section 11. Issuance of Closure Order. The POEA Administrator or the concerned DOLE Regional Director may conduct an ex parte preliminary examination to determine whether the activities of a non-licensee constitute a danger to national security and public order or will lead to further exploitation of job seekers. For this purpose, the POEA Administrator or the Regional Director concerned or their duly authorized representatives, may examine personally the complainants and/or their witnesses in the form of searching questions and answers and shall take their testimony under oath. The testimony of the complainants and/or witnesses shall be reduced in writing and signed by them and attested by an authorized officer.
If based on a surveillance report, or preliminary examination of the complainants, the POEA Administrator or DOLE Regional Director, or their authorized representative is satisfied that such danger or exploitation exists, a written order may shall be issued by the POEA Administrator or DOLE Regional Director, or their authorized representative is satisfied that such danger or exploitation exists, a written order shall be issued by the POEA Administrator for the closure of the establishment being used for illegal recruitment activity.
In case of a business establishment whose license or permit to operate a business was issued by the local government, the Secretary of Labor and Employment, the POEA Administrator or the Regional Director concerned shall likewise recommend to the granting authority the immediate cancellation/revocation of the license or permit to operate its business.
Section 12. Implementation of Closure Order. A closure order shall be served upon the offender or the person in charge of the subject establishment. The closure shall be effected by sealing and padlocking the establishment and posting of notice of such closure in bold letters at a conspicuous place in the premises of the establishment. Whenever necessary, the assistance and support of the appropriate law enforcement agencies may be requested for this purpose.
Section 13. Report on Implementation. A report on the implementation of the closure order executed under oath, stating the details of the proceedings undertaken shall be submitted to the Director-LRO or the Regional Director concerned, as the case may be, within two (2) days from the date of implementation.
Section 14. Institution of Criminal Action Upon Closure Order. The POEA Administrator or the DOLE Regional Director, or their duly authorized representatives, or any law enforcement agencies or any aggrieved person may initiate the corresponding criminal action with the appropriate prosecutor's office.
Section 15. Effect of Closure Order.
All officers and responsible employees of the entity engaged in illegal recruitment activities shall be ordered included in the List of Persons with Derogatory Record and be disqualified/barred from participating in the overseas employment program of the government.
Section 16. Who May File a Motion to Reopen the Establishment. The motion to re-open may be filed only by the following:
(a) The owner of the building or his/her duly authorized representative;
(b) The building administrator or his/her duly authorized representative;
(c) Any other person or entity legitimately operating within the premises closed/padlocked whose operations/activities are distinct from the recruitment activities of the person/entity subject of the closure order.
Section 17. Grounds for Reopening the Establishment.
(a) That the office is not the subject of the closure order;
(b) That the contract of lease with the owner of the building or the building administrator has already been cancelled or terminated. The request to re-open shall be duly supported by an affidavit of undertaking either of the owner of the building or the building administrator that the same will not be leased/rented to any other person/entity for recruitment purposes without the necessary license from the POEA;
(c) That the office is shared by a person/entity not involved in illegal recruitment activities, whether directly or indirectly; or
(d) Any other analogous ground that the POEA may consider as valid and meritorious.
Section 18. Motion to Lift a Closure Order. A motion to lift a closure order which has already been implemented may be entertained only when filed with the Licensing and Regulation Office (LRO) within ten (10) calendar days from the date of implementation. The motion shall be verified and shall clearly state the grounds upon which it is based, attaching supporting documents. A motion to lift which does not conform to the requirements herein set forth shall be denied.
Section 19. Who May File Motion to Lift a Closure Order. The verified motion to lift closure order may be filed only by the person or entity against whom the closure order was issued and implemented or a duly authorized representative.
Section 20. Grounds for Lifting A Closure Order. Lifting of the closure order may be granted on any of the following grounds:
(a) The person/entity is later found out or has proven that it is not involved in illegal recruitment activities, whether directly or indirectly; or
(b) Any other analogous ground that the POEA may consider as valid and meritorious.
Lifting of a closure order is without prejudice to the filing of criminal complaints with the appropriate office against the person alleged to have conducted illegal recruitment activities.
Section 21. Appeal.
The order of the POEA Administrator denying the motion to lift a closure order and/or motion to re-open may be appealed to the Secretary of Labor and Employment within ten (10) days from receipt thereof.
Section 22. Monitoring of Establishments. The POEA shall monitor establishments that are subject of closure orders.
Where a re-opened office is subsequently confirmed as still being used for illegal recruitment activities, a new closure order shall be issued which shall not be subject to a motion to lift.
Section 23. Pre-Employment Orientation Seminar (PEOS). The POEA shall strengthen its comprehensive Pre-Employment Orientation Program through the conduct of seminars that will discuss topics such as legal modes of hiring for overseas employment, rights, responsibilities and obligations of migrant workers, health issues, prevention and modus operandi of illegal recruitment and gender sensitivity.
The POEA shall inform migrant workers not only of their rights as workers but also of their rights as human beings, instruct and guide the workers how to assert their rights and provide the available mechanism to redress violation of their rights.
Section 24. Partnership with LGUs, other Government Agencies and NGOs. The POEA shall maintain and strengthen its partnership with LGUs, other government agencies and NGOs advocating the rights and welfare of OFWs for the purpose of dissemination of information on all aspects of overseas employment.
For this purpose, the POEA shall continuously provide the concerned entities with updated lists of licensed agencies and entities and information materials such as brochures, pamphlets, posters as well as recent anti-illegal recruitment laws and regulations for distribution to their respective constituents.