REMEDIES

Ang isang biktima ng illegal recruitment ay maaaring magsampa ng 2

uri ng kaso: Administrative at criminal. Administrative action may proceed
independently of the criminal action.

Criminal action:

1. May be filed directly with the Prosecutor’s Office of the province

or city where the offense was committed or where the offended party
actually resides at the same time of the commission of the offense.

2. Fiscal shall conduct preliminary investigation. Subpoena and

require the respondent to file counter-affidavit.

3. Resolve the case. If there is probable cause, he shall file it with

the RTC. If no probable cause, dismiss the case.

SEC. 11. MANADATORY PERIODS FOR RESOLUTION OF

ILLEGAL RECRUITMENT CASES. – The preliminary investigations
of cases under this Act shall be terminated within a period of thirty
(30) calendar days from the date of their filing. Where the
preliminary investigation is conducted by a prosecution officer and
a prima facie case is established, the corresponding information
shall be filed in court within twenty-four (24) hours from the
termination of the investigation. If the preliminary investigation is
conducted by a judge and a prima facie case is found to exist,
prosecution officer within forty-eight (48) hours from the date of
receipt of the records of the case.

4. But if accused was arrested without warrant during entrapment

operation, the procedure is inquest. Fiscal will resolve the case only based
on the evidence gathered during the warrantless arrest. If there is probable
cause, then he will file an information with the court. If none, then he will
recommend that the case be for further investigation.

5. If the case is filed in court after an inquest proceedings, the

remedy of the accused is to file a motion with the court for preliminary
investigation.
 6. In case of non-bailable offense, like syndicated illegal
recruitment or large scale illegal recruitment, accused may file a motion for
determination of probable cause immediately upon learning of the filing of
information and before the issuance of a warrant of arrest. Purpose of this
is to prevent the issuance of warrant. If a warrant had already been issued
and accused was already arrested, the remedy is petition for bail. Here,
accused must show that the evidence for the prosecution is weak or not
strong.

7. The filing of a complaint may also be done with the DOLE or

the POEA or their regional offices and not directly with the Prosecutor’s
office. If, upon investigation, the DOLE or POEA sees that there is a case
of illegal recruitment, it may initiate the filing of a complaint with the
prosecutor’s office for preliminary investigation.

The institution of criminal action is without prejudice to any

administrative action against the licensee or holder of authority cognizable
by the Administration, which could proceed independently of the criminal
action.

SEC. 12. PRESCRIPTIVE PERIODS. – Illegal recruitment cases

under this Act shall prescribe in five (5) years: Provided, however,
That illegal recruitment cases involving economic sabotage as
defined herein shall prescribe in twenty (20) years. (RA 8042)