modus operandi and other concerns pertaining to illegal recruitment and human
trafficking. Regular announcements and information should be published online in order to
encourage applicant OFWs to verify online with the POEA the license status of recruitment
agencies.
4.
The
progress of cases involving Illegal recruitment and
human
trafficking should be monitored at all levels from filing, prosecution up to conviction and
execution of judgment. The execution of affidavits of desistance by the complaining OFW
victims, should there be other evidence available, should not deter the prosecution from
proceeding with the prosecution of illegal recruitment cases.
5.
The number of judges, public prosecutors and public attorneys should be
increased in order to achieve effective management of their case loads, including illegal
recruitment and human trafficking cases.
6.
Close coordination with the Anti Money Laundering Council should be
established by the prosecution in order to seize assets of illegal recruiters and human
traffickers that may be used to compensate the victims.
7.
The rights-based and gender-sensitivity approach should be included in the
training manual of the DOJ and the Supreme Court, in order to train all personnel,
including judges and state prosecutors especially in illegal recruitment and human
trafficking cases.
8.
The failure to serve more than 20,000 warrants of arrest for large scale or
syndicated illegal recruitment should be given special attention. Strict penalties for sheriff
or arresting officer who will fail to serve warrant of arrest without justifiable reason
should be imposed.
4.4
Disability and Death Benefits
Two (2) observations that stand out in the OFW cases decided by the Supreme Court
in the period 2015-2019 are the following:
(a)
First, OFW cases decided by the Supreme Court were predominantly cases
involving sea-based workers. For the five-year period 2015-2019, on the average, cases
involving sea-based workers accounted for 85.39% of the total number of OFW cases
resolved by the Supreme Court per year, whereas sea-based OFWs account for only 20% of
annual OFW deployment.
(b)
Second, the combined claims for total or partial disability benefits and claims
for death benefits filed exclusively by sea-based OFWs accounted for 80.72% of the total
number of OFW cases decided by the Supreme Court from 2015-2019.
This trend is not limited to the period 2015-2019 only. An examination of OFW cases
decided by the Supreme Court in previous years shows that cases involving disability and
death benefit claims of seabased workers constitute the majority of OFW cases decided by
the Supreme Court annually.
46
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