The National Bureau of Investigation has filed before the Mandaluyong Prosecutor’s Office a complaint for syndicated and large-scale illegal recruitment against officials of a shipping company—two Italian nationals and three Filipinos—for illegally recruiting applicants.
In a nine-page complaint, the NBI accused True Alliance Shipping Corp. incorporators Henry James Avecilla, Judith Cabrera, and Lucky Philip Cabrera, along with Italians Sergio Constantini and Maurizio Caselli, of syndicated and large-scale illegal recruitment.
The complaint signed by NBI National Capital Region director Cesar Bacani was filed before the Mandaluyong City Prosecutor Bernabe Augustus Solis.
The case arose from the complaint affidavit filed by Capt. Leopoldo Arcilla, Sr., president and general manager of Eagle Clarc Shipping Philippines, Inc., accusing True Alliance and Oceanus Maritime Crewing Services Inc. of falsification of documents.
“The complainant alleged that True Alliance and Oceanus, together with Leonides Rico, Victor Dumagoso, Cyrus Walawala and Dianne R. Paredes, former employees of Eagle Clarc, conspired and confederated with one another in committing acts constitutive of illegal recruitment when it furnishes or publishes any false notice or information or document in relation to recruitment or employment and gives any false notice, testimony information or document or commit any act of misrepresentation for the purpose of securing a license or authority under the Labor Code,” read the NBI complaint.
Also implicated into the case are Mama Shipping SARL and Marine Partners Monaco which tapped the services of Oceanus as their agent in the Philippines and enticed the employees of Eagle Clarc to transfer.
The operation of the said shipping business in the Philippines was under the command of its principal owner—Grimaldi and Giuseppe Bottiglieri Shipping Company of Italy.
The respondents were also charged with falsification of public documents and use of falsified documents after it was discovered that Caselli was out of the Philippines when the notary was made.
“To recall, based on the travel records of Mr. Caselli, he was not in the Philippines when the Articles of Incorporation was allegedly signed and notarized. The same document was presented before the Securities and Exchange Commission. On the other hand, Ms. Cabrera categorically stated in her affidavit that True Alliance passed the POEA (Philippine Overseas Employment Administration) evaluation of documents. However manning license was not granted only because one of the incorporators failed to appear on the scheduled panel interview with POEA. Apparently, the falsified Articles of Incorporation was submitted by True Alliance in its attempt to be granted a license to operate,” the NBI said.
The NBI filed the charges of syndicated illegal recruitment since three or more persons conspired in the commission of the offense and the crime of large-scale illegal recruitment was committed since three or more persons became victims of the said criminal charge.