placement through advertisements, referrals, walk-ins, etc. Josefina did not bother to
formally offer as evidence the document allegedly supporting her claim that part of her
duties as Marketing Director included recruitment of overseas contract workers. The
document not having been formally offered in court cannot be considered, pursuant to
Section 34, Rule 132 of the Rules of Court.
Moreover, the Licensing Branch of the POEA confirmed that the license of RSI had
already been suspended on June 8, 1992 and expired on July 14,
1992.[63] Consequently, even if Josefina was licensed to recruit workers for overseas
employment, her authority to do so ceased when the license of her agency, RSI, was
suspended and when it eventually expired. Josefina, however, despite the suspension
and expiration of the RSI license, continued to engage in recruitment activities for
overseas employment. Except for Lampoyas who met Jose Alolino at the latters house
in March 1992, and Mangili and Joseph Oratil who met Jose Alolino in May 1992,
complainants were entertained at the house of the Alolinos after the license of RSI had
already been suspended. Lampoyas, Macli-ing and Mangili completed
the P15,000 downpayment of the placement fee after the license of RSI had already
been suspended. The rest of complainants gave payments for the placement fee after
the license of RSI had already expired.
Furthermore, Josefinas alleged authority to recruit applicants for overseas
employment as Marketing Director of RSI was only confined to Metro Manila. Article 29
of the Labor Code provides:
Art. 29. Non-transferability of license or authority No license or authority shall be
used directly or indirectly by any person other than the one in whose favor it was
issued or at any place other than that stated in the license or authority, nor may such
license or authority be transferred, conveyed or assigned to any other person or
entity. Any transfer of business address, appointment or designation of any agent or
representative including the establishment of additional offices anywhere shall be
subject to the prior approval of the Secretary of Labor.
We are not persuaded by Josefinas claim that no recruitment activity was being
done outside of the territorial permit of RSI and it was only incidental that complainants
who were referred to her by Buli-e were residents of Baguio City. As earlier discussed,
there is no indication that complainants ever set foot in the RSI office. They were always
brought by Buli-e to Las Piňas, Metro Manila where they were entertained by one or
both of the spouses Alolino who repeatedly assured them that they would be able to fly
to Taiwan in a matter of months. Josefina, who claims to have authority to recruit
applicants for overseas employment in behalf of RSI, should have known that licensed
agencies are prohibited from conducting any provincial recruitment, job fairs or
recruitment activities of any form outside of the address stated in the license,
acknowledged branch or extension office, without securing prior authority from the
POEA.[64] Pursuant to the POEA rules and regulations, Josefina could recruit applicants
for overseas employment and process their applications only at the RSI office
in Mandaluyong, Metro Manila since there was no showing that RSI had an
acknowledged branch or extension office in Baguio City or that the prior approval of the