(L-R) ABAKADA Rep. Jonathan Dela Cruz, two of the 137 bus drivers, and Susan Ople of the Blas F. Ople Policy Center

A class suit is being prepared against a recruitment agency and a lending firm for allegedly illegally recruiting and swindling 137 Filipino bus drivers to Dubai.

“We would like to announce that we are filing a class suit against CYM International Services and Placement Agency and RJJ Lacaba financing company,” announced Susan Ople, head of the Blas F. Ople Policy Center.

In a press briefing held Wednesday, Ople said the class suit is also intended to serve as an example to all recruitment agencies and private and leading companies that exploit Filipino overseas workers.

“Hindi nila maaaring pagsamantalahan ang ating mga manggagawa at lalo na ‘yong mga desperado lamang na maiahon ang kanilang mga pamilya,” said Ople.

Ople said that lawyer Reynaldo Robles of the Chan Robles and Associate will handle the filing of the class suit.

“We will sue for millions in damages and more importantly, for the court to immediately nullify the exploitative and onerous terms and conditions attached to the loans amounting to P150,000 per driver,” explained Ople.

Borrowed money

The recruitment agency reportedly sent out flyers looking for 4,000 bus drivers for Dubai. They were promised a salary equivalent to P67,000 a month.

The drivers took what they thought was an opportunity to financially help their families. Majority were forced to borrow money from the lending company to pay for placement fee while some had to use their properties as collateral to come up with the amount.

However, the drivers only learned that the Roads and Transport Authority (RTA) in Dubai was not hiring workers. While they said they were left stranded in Dubai with little resources, the drivers said they were also concerned about their families back home.

“Two and a half months ako na walang trabaho sa Dubai. Nagugutom na, pagod pa ang isip. Hindi kami makalabas ng bahay dahil overstaying na kami. Problema pa ang lending kung paano babayaran,” said Arvie Lazaro.

The OFWs never thought that something like this would happen to them and their families because the recruitment agency is licensed by the Philippine Overseas Employment Administration (POEA).

Alleged harassment

“Our immediate action is to stop the harassment of bus drivers by the lending company and banks,” said Ople.

The former labor undersecretary read to reporters covering the press conference a text message she said was sent by one of the 137 drivers Marvin Alimada who reported that he was being harassed by the lending firm about his loan which was due two months ago.

“Walang kapuso-puso ang lending agency na ito. Alam naman nilang walang maibibigay ang mga drivers at pamilya din. Patuloy nilang hina-harass ang pagkakautang ng mga drivers. Ang gusto namin suriin talaga ng gubyerno kung anong karapatan nitong RJJ Lacaba Financing Corporation even to exist, operate,” she said.

What is clear, Robles said, is that both the recruitment and lending firms charged the drivers with fees more than what is allowed by law.

“Yong ang principal prayer natin is to nullify the supposed loans as well as the loan agreement ng mga tao. ‘Yon lang ma-nullify ‘yong pagkakautang nila malaking bagay. It’s not really after monetary kung di ma-relieve naman sila doon sa undue burden. Kung mag-award ng damages ‘yong korte then we will be very happy,” Robles said.

Strong message

The lawyer said he hopes to file the case in court by Friday or next week. He met with 22 bus drivers who returned from Dubai as well as the wives of the drivers still at Ajman Camp to discuss the case.

“The documentary evidence is overwhelming, and we are pursuing this case precisely to send a strong message to unscrupulous licensed agencies and abusive lending companies that they should stop exploiting the vulnerabilities of our workers,” he said.

Congress probe

Meanwhile, just three days into office, newly-sworn ABAKADA Rep. Jonathan dela Cruz offered assistance by providing additional legal counsels to the bus drivers through their group and the Social Justice Society.

Early this week, Dela Cruz filed House Resolution No. 1118 which called for a House inquiry into the recruitment scam.

The lawmaker also called on the government’s concerned agencies to cancel the licenses of both firms.

“Itong POEA at Department of Labor huwag nang imbestigahan ito. Hindi na kailangang imbistigahan ito---dapat dito kanselahin ang lisensiya ng CYM International Placement Services na ito at saka yung lending agency imbistigahan ng SEC (Securities and Exchange Commission) at BSP (Bangko Sentral ng Pilipinas),” he said.

Reports said that the POEA has scheduled its first hearing on the case on May 5.

“Dapat kunin ‘yong kanilang bonds para pantustus doon sa iba pang nasa Dubai at pantustus sa mga immediate na pangangailangan ng mga pamilya ng mga drivers,” Dela Cruz added.

In the Senate, a hearing was conducted by Sen. Jinggoy Estrada, chair of the committee on labor and employment. However, the owners of both firms failed to show up prompting the senator to seek a hold departure order against the management and owners of both companies.