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Question
Under a bilateral government-to-government education program between the Philippines and Brunei, Brunei directly hires Filipino teachers to work in Brunei's national schools. The teachers sign contracts directly with Brunei, with no involvement of a POEA-licensed recruitment agency or any Philippine intermediary. (a) Identify the governing doctrine on the Ban on Direct Hiring and apply it to these facts: is the direct recruitment by Brunei permissible? (b) If not permissible, outline the possible liability and penalties that may be imposed on the foreign employer and any Philippine party under RA 8042 and its implementing rules. (c) What remedies are available to the teachers and to the State in this situation?