Title
Incentive Program for Illegal Recruitment Victims
Law
Poea Memorandum Circular No. 02
Decision Date
Dec 13, 2007
The POEA establishes an incentive program to support indigent victims and witnesses of large-scale and syndicated illegal recruitment by providing legal, financial, and welfare assistance, contingent upon their active participation in prosecution efforts.
A

Definitions

  • Large Scale Illegal Recruitment: Cases involving three or more victims individually or as a group.
  • Syndicated Illegal Recruitment: Cases involving at least three persons conspiring or confederating to recruit illegally.
  • Indigent Litigant/Witness: Person lacking sufficient funds or property for basic needs.
  • Letter of Admission: Official document confirming admission to the incentive program.

Qualifications for Program Benefits

  • Must be a victim or witness of large scale or syndicated illegal recruitment and indigent.
  • Complaint must be strictly for illegal recruitment as defined by RA 8042, excluding estafa charges.
  • Complainant must actively participate in prosecution from preliminary investigation to judgment.
  • Must not have previously filed a similar complaint in any relevant government agency.
  • Eligibility and documentation to be validated by the program Committee.

Composition of the Governing Committee

  • Chaired by the POEA Administrator with Vice-Chair from Licensing and Adjudication.
  • Members include Directors from Licensing, Anti-Illegal Recruitment, Government Placement, Budget and Finance, and a DOJ representative.

Admission Procedure

  • Secretariat headed by Chief, Prosecution Division of AIRB conducts initial screening.
  • Final eligibility determination made by the Committee.

Selection Process

  • Application letter submitted to Secretariat.
  • Secretariat evaluates within 15 days and endorses to Committee.
  • Committee conducts panel interview within 15 days of endorsement.
  • Eligible applicants receive Letter of Admission and must sign Affidavit of Undertaking.

Affidavit of Undertaking Requirements

  • Applicant agrees to appear before the public prosecutor during investigations.
  • Agrees to actively participate in prosecution.

Consequences for Breach

  • Violation of undertaking terms leads to termination of program benefits.

Incentives and Benefits

  • Free legal assistance, including advice, complaint preparation, criminal action, and counseling.
  • Financial assistance covering docket fees, subsistence, transportation, subject to fund availability.
  • Welfare assistance via local or overseas employment opportunities post-testimony.
  • Skills training assistance coordinated with OWWA, TESDA, and other agencies providing free training and seminars.

Confidentiality

  • All proceedings and submitted documents are confidential.
  • Disclosure only permitted by written order of the Committee.

Repealing Clause

  • Any inconsistent laws, orders, circulars are repealed or modified accordingly.

Effectivity

  • The Memorandum Circular takes effect immediately upon issuance.

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