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!