ILLEGAL RECRUITMENT TO INCLUDE IN THE EXPANSION OF NBI’S JURISDICTION

By Liza Soriano

OFW Party List Representative Marissa “Del Mar” Magsino filed a bill that aims to expand the investigative capabilities of the National Bureau of Investigation (NBI).

House Bill 935 seeks to expand the primary jurisdiction of the NBI to include illegal recruitment, which has been a bane of Overseas Filipino Workers. The bill amends Republic Act No. 10867, also known as the ‘National Bureau of Investigation Reorganization and Modernization Act.’

The party list lawmaker said the complexities of contemporary investigative work present numerous challenges, particularly concerning intricate and contentious crimes that touch upon vital national interests. Gathering and handling evidence to navigate the criminal justice system has become increasingly intricate.

Therefore, the NBI requires strengthening to meet these demands effectively, principally by expanding its primary investigative jurisdiction over certain types of cases that require its expertise, including illegal recruitment, cases involving rebellion, insurrection, or terrorism, violations of environmental laws, and cases involving falsification of documents.

‘Investigative jurisdiction’ refers to the power of a law enforcement agency to investigate a matter and enforce certain actions against the subject of the investigation, without exercising adjudicative jurisdiction. On the other hand, ‘primary investigative jurisdiction’ pertains to the doctrine allowing an agency the initial opportunity to investigate a case, particularly that which requires specialized knowledge and expertise possessed by the agency, with the other concerned law enforcement agencies in a subordinate role.

“This expansion of NBI’s primary investigative authority is crucial as we face emergent and growing threats to our national security and to our citizens, especially the evolving crime of illegal recruitment. It has been expanding through the use of online modes and multi-country transit points schemes.  Recently, there have been numerous cases of illegal recruitment of Overseas Filipino Workers (OFWs) for countries, particularly in Southeast Asia. We need the NBI, with its expertise, to be at the forefront of our fight against illegal recruitment.” said Rep. Marissa “Del Mar” Magsino.

Illegal recruiters and human traffickers are taking advantage of information and communications technologies (ICT) to profile, recruit, and exploit their victims offering fake job offers and promises in the absence of traditional physical and geographical limitations. The global nature of illegal recruitment and the abuse of these technologies also make it more difficult for law enforcement authorities to combat this crime, requiring a certain level of digital expertise and cooperation across borders to support prosecution, thus the need for NBI to be on top of the fight against illegal recruitment.

The OFW Party List has been assisting OFWs victimized by illegal recruiters and human traffickers. This year, it helped repatriate forty-two (42) Filipino fisherfolks from Namibia who were tagged as victims of human trafficking. The OFW Party List also assisted illegal recruitment victims who were deployed to Laos and Myanmar by a syndicate in the area dubbed as the Golden Triangle. The victims narrated they were approached by recruiters online and were forced to work as scammers luring potential victims into cryptocurrency.

(ai/mnm)