Republic of the Philippines

Department of Justice
National Prosecution Service
OFFICE OF THE CIT PROSEC!TOR 
"anila

#$O%REC "&NPO'ER SER(ICES) INC*

  Complainant)

+versus+ I.S. No. XV-07-INV-14G-

04397
For: Estafa and Illegal
I%R&HI" T* "&"&NT!C) JR) Recr!t"ent
Respon,ent*

-..........***-

CO!NTER+&FFID&(IT

I) I%R&HI" T* "&"&NT!C) JR*) of legal age, married, and with residence or postal
address at 1029 Marquez St., Ph 5 atchalian, Manu!o 2, "as Pinas #it! after ha$ing %een dul!
sworn to in accordance with law, here%! depose and sa! that&

' am the respondent in the a%o$e(entitled case. )he complaint is anchored mainl! on
 per*urious statements and %eing filed for harassment purposes onl!. +or this reason, this
complaint should %e dismissed outright. )o re%ut and contradict lo%rec Manpower Ser$ices,
'nc. malicious lies. ' set forth the true circumstances leading to the incident&

1. )o %egin with, ' ha$e learned a%out lo%rec Manpower Ser$ices, 'nc., through the
 person in the name of -anc! ena%enti and someone named /em! since the! are the
one who processed the papers of m! relati$es who went a%road to Middle ast.

2. )hat, n -o$em%er 201, 3 friend from 4u%ai came and ased me to loo for an
agenc! to process his *o% orders and ' recommended lo%rec Manpower Ser$ices,
'nc. to do the processing.

. )hat, there is no truth to the allegations in the complaint of lo%rec Manpower 

Ser$ices, 'nc. )here is no factual nor legal %asis to charge me with stafa and 'llegal
/ecruitment in /elation to 3rticle 15 of the /e$ised Penal #ode and /3 6072 as
amended %! /310022.

7. )hat, )he lements of stafa %! means of deceit under 3rticle 15 more particularl!
in Paragraph 2 8a of /P# are as follows&

a. )hat there must %e a false pretense, fraudulent act or fraudulent means.

 %. )hat such false pretense, fraudulent act or fraudulent means must %e made or 
e:ecuted prior to or simultaneousl! with the commission of the fraud.
 

c. )hat the offended part! must ha$e relied on the false pretense, fraudulent act,
or fraudulent means, that is, he was induced to part with his mone! or 
 propert! %ecause of the false pretense, fraudulent act or fraudulent means.

d. )hat as a result thereof, the offended part! suffered damage.

5. )hat, Paragraphs 11, 15 and 1; contains allegations of the first element of stafa %!
means of <false pretenses= which is the e:istence of a false pretense, fraudulent act or 
fraudulent means.

;. )hat, Paragraphs 11 and 15 use the phrases <deception and fraud= and <fraud and
deception= respecti$el!. )hese phrases refer to the acts imputed to respondent in
 paragraph 1; which are the <false representation= emplo!ed on 3%dullah that the
respondents ha$e the authorit! to recruit and deplo! +ilipino worers to him and the
<false representation= applied to >S3 m%ass! that the respondent was authorized to
act on %ehalf of MS' with respect to the stamping of  passports.

?. )hat, /espondent $ehementl! denies the allegation in paragraph 11 that he in his

letter attached to the complaint as 3nne: 4 admitted to an! deception and fraud. -o
such admission was made in said letter. )he letter is merel! an acnowledgment that a
 pro%lem in$ol$ing the  stamped passports indeed occurred in the >S3 m%ass! and
that MS' agenc! had no in$ol$ement in the collection of the amount of @17,000.00
from 3%dullah. )he pro%lem consisted in the dela! in the stamping of the passports
for recruits of Aic! %rought a%out %! lac of compliance with the documentar!
requirements prescri%ed %! the >S3 m%ass!.

6. )hat, Paragraphs ?, 17 and 15 is allegations of the fourth element of stafa under 3rt.
15 82a of the /e$ised Penal #ode which is <damages=. /espondent admits that
allegation in paragraph ? that the >S3 m%ass! suspended the transactions of MS'
with its offices %ut denies the claim that MS' incurred damages due to the
suspension %! the >S3 m%ass! of its transactions. MS' su%mitted no e$idence of 
the e:istence of the transactions pending at the time of the suspension and the e:tent
of the damages corresponding to each of the transactions suspended.

/espondent further denies the allegation in the same paragraph 15 that it incurred
damages when it paid 3%dullah the amount of @17,000.00 in order for the >S3
m%ass! to lift the order of suspension on its transactions as this pa!ment is not
su%stantiated %! an! receipt or other documentar! e$idence. )he truth is that
3%dullah refused to %e reim%ursed the said amount and insisted onl! on ha$ing his
transactions processed.

3ssuming that such damages were su%stantiated, the! are not the ind of damages
contemplated %! the /e$ised Penal #ode. )he damages contemplated are those which
arise when the offended part! parts with his mone! as a result of the commission of 
fraud or false pretenses. Bere, the damages that could ha$e %een incurred %! MS'
do not result from an! fraud %ut rather from the unilateral suspension made %! the
>S3 m%ass! on its transactions.

9. )hat, the undersigned counsel disco$ered that prior appro$al of the 4epartment of 
"a%or and mplo!ment for the appointment of personnel as required under 3rt. 29 of 
the "a%or #ode ha$e not %een secured in the case of respondent. Bowe$er, it is
 

respectfull! su%mitted that the requirement presupposes the e:istence of an emplo!er(

emplo!ee relationship %etween the agenc! and the appointee. 3ssuming that the
requirement applies squarel! to an agent under a contract of agenc!, the responsi%ilit!
for the omission lies more on MS' which is presumed to %e more nowledgea%le of 
the requirements prescri%ed %! the "a%or #ode on recruitment and placement
acti$ities.

10. )hat, )he respondent denies the allegation in paragraph 1; that /espondent has no
authorit! to recruit for the same reasons discussed in paragraph ; of this counter(
affida$it. Bence, the ruling of the Supreme #ourt in a plethora of illegal recruitment
cases that persons who gi$e the impression of ha$ing the a%ilit! to send worers
a%road for emplo!ment there%! commit the offense of illegal recruitment does not
find application to respondentCs case.

11. )he respondent cannot %e considered a non(licensee or non(holder of authorit!.

Section 10 /ule '' oo '' of the /ules and /egulation o$erning $erseas
mplo!ment 81991 requires that e$er! change, termination or appointment of 
officers, representati$es and personnel of licensed agencies %e registered with the
P3. 3gents or representati$es appointed %! a licensed recruitment agenc! whose
appointments are not pre$iousl! appro$ed %! the P3 are considered Dnon(
licenseeD or Dnon(holder of authorit!D and therefore not authorized to engage in
recruitment acti$it!. 83%aca $s. #3, 290 S#/3 ;5? 81996. Bowe$er, it must %e
shown that the emplo!ee or representati$e is aware that the agenc! failed to secure
P3 appro$al of their appointment and that despite this nowledge, the emplo!ee
or representati$e engaged in recruitment and placement acti$ities in order that he ma!
 %e held lia%le for illegal recruitment. )he o%ligation to register its personnel with the
P3 %elongs to the officers of the agenc!. 3 mere emplo!ee of the agenc! cannot
 %e e:pected to now the legal requirements for its operation. 8People of the
 philippines $. #howdur! ./. -o. 1295??(60 +e%ruar! 15, 2000 'n this case, the
respondent was unaware of MS'Cs failure to register his name with the P3 and
that he acti$el! engaged in recruitment despite this nowledge. n the contrar!,
respondent is *ustified in %elie$ing that he had the authorit! to recruit on %ehalf of 
MS' %ecause the latter allowed him to esta%lish an office in room ;11 in " E S
 %uilding under MS'Cs name. 'n fine, the respondent cannot %e held lia%le for illegal
recruitment %ecause he had no nowledge of the failure of MS' to register his
appointment with the P3.

'HEREFORE, premises considered, it is most respectfull! pra!ed that the

instant complaint %e dismissed for utter lac of merit.

ther relief *ust and equita%le are also pra!ed.

 FFFFFFFFFFFFFFFFFFat FFFFFFFFFFFFFFFFFFFF, Metro Manila.

I%R&HI" T* "&"&NT!C) JR*

Respon,ent /&ffiant
 

S!%SCRI%ED &ND S'ORN  to %efore me this FFFFFFFF 2017 at FFFFFFFF#it!. '

further certif! that ' ha$e e:amined the affiant and that ' am satisfied that he has read and full!
understood the contents of her affida$it.

&SSIST&NT CIT PROSEC!TOR