Extending the Hands of
Justice
to the
Victims of IR & TIP
(for OE)
SOURCES OF INFORMATION
1.
2.
3.
4.
5.
6.
Reports;
Referrals;
Emails;
Walk-in Complaints;
Tips and Information;
Advertisements.
INITIAL ACTION
Record in the Logbook and conduct
preliminary evaluation of
Information;
For walk-in complainants:
i. Interview;
ii. Verification;
iii. Legal Assistance.
EVALUATION
 Not
meritorious? – Database
 Meritorious?
Determine the nature of
the case and the available remedies
Administrative
Criminal
PROCEDURES IN HANDLING RECRUITMENT
VIOLATION CASES(ADMINISTRATIVE)
1.
Take Sworn Statement of Complainant;







2.
a. The name/s and address/es of the complainant/s;
b. The name/s and address/es of the respondent/s;
c. The nature of the complaint;
d. The substance, cause/grounds of the complaint;
e. When and where the action complained of happened;
f. The amount of claim, if any;
g. The relief/s sought.
Secure the necessary documentary evidence,
i.e.Certification from POEA Licensing Branch.
PROCEDURES IN HANDLING RECRUITMENT
VIOLATION CASES(ADMINISTRATIVE)
3.
Conciliation (SENA)
 For agencies with valid license(good
standing)
4.
Docketing
 If the parties failed to reach an amicable
settlement
 the recruitment agency is cancelled,
suspended or preventively suspended
RULE ON VENUE (RECRUITMENT VIOLATION)
Section 3. Venue. Any complaint arising out of recruitment
violation or violation of conditions of license may be filed with the
Adjudication Office of this Administration or at the POEA Regional
Centers/Extension Units exercising territorial jurisdiction over the
place where the complainant was recruited at the option of the
complainant. The Office with which the complaint was first filed
shall take cognizance of the case.
Where the complainant was recruited within the National Capital
Region, the complaint shall be filed with the Adjudication Office of
the Administration.
RULE ON VENUE (RECRUITMENT VIOLATION)
In the case of reports received by the Administration, the report shall be
investigated by the Adjudication Office, or by the appropriate Regional
Center/Extension Unit of the Administration.
However, the venue of cases filed with the Adjudication Office of the
Administration may be transferred to the POEA Regional Center/Extension Unit
before the respondent files its answer upon request of either party and
approved by the Administration.
For the purpose of hearing and receiving of evidence, the DOLE Regional Office
exercising territorial jurisdiction over the place where the complainant was
recruited may be deputized by the Secretary of Labor to take cognizance of the
case for submission of its findings and recommendations to the
Administrator.(Part VI Rule 1, 2002 POEA Rules)
DISCIPLINARY ACTION AGAINST EMPLOYER
PART VII RULE I Section 2. Venue. Any complaint
involving disciplinary action cases shall be filed
with
the
Adjudication
Office
of
the
Administration.(2002 POEA Rules)
PROCEDURES IN HANDLING RECRUITMENT
VIOLATION CASES(ADMINISTRATIVE)
5.
6.
7.
8.
9.
Service of Notice to file an Answer
Hearing
Submission of Draft Order
Issuance of Order
Execution
RECEIVING COMPLAINTS FOR ILLEGAL
RECRUITMENT.
Victims of illegal recruitment and related cases may file with the
Administration 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.
The complaints and reports received by the DOLE shall be
endorsed to the POEA for proper evaluation. (Rule VI Section 4.
RA10022,IRR)
PROCEDURE IN HANDLING CASES FOR
PURPOSES OF ISSUANCE OF CLOSURE
ORDER
1.
2.
3.
4.
Issuance of Surveillance Order;
Surveillance Operation;
Submission of Report Supported by an
Affidavit and Recommendation;
Preliminary Examination by POEA
Administrator, DOLE Regional Director
or their Authorized Representative;
PROCEDURE IN HANDLING CASES FOR
PURPOSES OF ISSUANCE OF CLOSURE
ORDER
5.
6.
7.
Issuance of Closure Order ;
Implementation of Closure Order;
Report on the implementation of
the Closure Order.
PROCEDURE IN HANDLING IR/TIP CASES
(ORDINARY FILING)
1.
2.
Take Sworn Statement of Complainant;
a.
Jurisdictional Facts;
b.
Elements of the Crime; and
c.
Qualifying
and/or
Aggravating
Circumstances, if present.
Secure Certification from POEA Licensing
Branch.
PROCEDURE IN HANDLING AIR/TIP CASES
(ORDINARY FILING)
3.
Endorsement to Prosecutor’s Office and such
endorsement must contain:
a.
Jurisdictional Facts;
b.
Brief Summary of the Complaint which contain the
Elements of the Crime and Qualifying and/or
Aggravating Circumstances, if any;
c.
A Recommendation for the conduct of preliminary
investigation for possible violation of the Specific
Offense;
d.
List of Attached Pieces of Evidence.
e.
Request to notify the endorsing office of the case
status
PROCEDURE IN HANDLING AIR/TIP CASES
(ORDINARY FILING)
4.
5.
Assist the complainant in the
Preliminary Investigation;
Prosecute.
PROCEDURES IN ENTRAPMENT
OPERATIONS
1.
2.
Take Sworn Statement of Complainants;
a.
Jurisdictional Facts;
b.
Elements of the Crime; and
c.
Qualifying
and/or
Aggravating
Circumstances, if present.
(NB: Preferably with 3 or more complainants)
Secure Certification from POEA Licensing
Branch.
PROCEDURES IN ENTRAPMENT OPERATIONS
3.
Coordinate
with
Law
Enforcement Agency in the
conduct of Entrapment;
4.
Coordinate with DSWD
NGO, if necessary;
or
PROCEDURES IN ENTRAPMENT
OPERATIONS
Assist
in
Proceedings;
5.
6.
Prosecute.
the
Inquest
Thank You!