Only few of the cases filed in court end up in the conviction of illegal recruiters.
Senator Ralph Recto, in a press statement dated February 26, 2018, lamented that of the 736
cases of illegal recruitment disposed by the DOJ in 2016, only 39 or 5 percent ended in
conviction, while 211 were dismissed, 438 were archived, 23 resulted in acquittals and 25
resolved through mediation. This means six (6) out of ten (10) illegal recruitment cases were
archived while three (3) out of ten (10) were dismissed.70
For the period 2015-2019, the POEA investigated and prosecuted a total of 502 illegal
recruitment cases involving 1,124 complainants. 102 of these complaints (20%) were closed
and terminated at the level of the POEA. 126 of these cases (25%) were dropped or
dismissed by the Department of Justice/Local Prosecution Office. 20 of these cases (4%)
were dismissed in court. 100 of these cases (20%) were archived in court pending arrest of
the accused. There are 12 cases (2.4%) with on-going trial. 4 cases (0.8%) resulted in court
conviction.71
For the same period 2015-2019, the POEA prosecuted and/or monitored 33
convictions for illegal recruitment.72
And then there is the matter of apprehension. Most illegal recruiters facing arrest
manage to evade the law, there is reportedly a pile-up of unserved outstanding arrest
warrants. "At kahit libo-libo ang reklamo at nagiging biktima, ang average kada taon na
bilang ng nahuhuli na illegal recruiter ay mga 40 lang. This was the period 2004 to 2010,
Recto said.”
Data analysis on the intake and disposition of illegal recruitment cases was limited, as
figures for 2018-2020 were not yet available online.
Closely related to the problem of illegal recruitment is the problem of human
trafficking. Considering however, that there were no human trafficking cases involving
OFWs decided by the Supreme Court in the period 2015-2019, the issue of human trafficking
is not included in this study due to absence of data. This does not mean however, that human
trafficking is not a problem of OFWs, as it is an ever-growing problem being faced by all.
For the period 2015-2019 the Inter-Agency Council Against Trafficking (IACAT) monitored
a total of 354 persons convicted in court for trafficking in persons.
In order to have a more focused campaign against illegal recruitment, trafficking in
persons and recruitment of minor workers, DOLE Secretary Silvestre H. Bello III issued
Administrative Order No. 551, series of 2019, creating the DOLE Task Force Against Illegal
Recruitment, Trafficking In Persons and Recruitment Of Minor Workers. The task force is
headed by DOLE Undersecretary Jacinto Paras, with the Administrator of the Philippine
Overseas Employment Administration (POEA) as vice chair, and the Director of Bureau of
Local Employment as member. The other members include the heads of the Overseas
70
71
72
Ibid.
2015-2021 POEA Illegal Recruitment Cases
2015-2021 POEA Prosecuted/Monitored Convictions
44
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