POEA is now part of the Department of Migrant Workers (DMW). In practice, people still say “POEA case,” but administrative complaints against licensed agencies are handled within the DMW system, while criminal cases (e.g., illegal recruitment) are filed with the Prosecutor’s Office and investigated by PNP/NBI.

Big picture

When something goes wrong in overseas recruitment—fake job orders, overcharging, contract substitution, withholding passports—you can pursue (1) administrative, (2) criminal, and (3) civil/money remedies. Which track(s) you take depends on who you’re dealing with (licensed agency vs. illegal recruiter), what happened (violation of recruitment rules vs. employment dispute), and where the harm occurred (pre-deployment vs. onboard work).

Key legal bases (orientation)

Labor Code provisions on recruitment and placement; implementing rules for licensed agencies.
Migrant Workers Act (RA 8042), as amended by RA 10022 and later laws (including the law creating the DMW), governing illegal recruitment, money claims, agency liabilities, placement fees, standard contracts, and penalties.
Special protections for sectors like household service workers (HSWs): no placement fee policy.
Criminal laws on estafa/forgery apply alongside illegal recruitment where facts fit.
Civil Code for damages and restitution.

(Exact rule text evolves through DMW circulars, but the fundamentals below are steady.)

Who can you sue—and for what?

1) Licensed Philippine recruitment agency (with DMW/POEA license)

Administrative: breach of recruitment rules (overcharging fees, misrepresentation, contract substitution, failure to deploy/refund, passport retention, unauthorized training/medical charges, unlawful ads).
Civil/Money: refund of illegal fees, salaries/benefits under the approved contract, damages.
Criminal: if acts amount to illegal recruitment (e.g., recruiting for non-existent jobs, unapproved job orders, deploying without valid documents).

2) Unlicensed recruiter / fly-by-night / person recruiting without authority

Criminal: illegal recruitment.
- In large scale (3 or more victims) or by a syndicate (3 or more conspirators) = economic sabotage (harsher penalties).
Civil: damages and restitution.
Administrative: not applicable (no license to discipline), but you can help authorities shut down operations.

3) Foreign employer/principal / foreign placement office

Administrative: through the agency’s accreditation (suspension/cancellation), plus blacklisting.
Civil: jointly and severally liable with the Philippine agency for valid claims under the standard employment contract.

Which forum is proper?

Issue	Proper forum
Overcharging of placement fees / misrepresentation / passport retention / contract substitution (pre-deployment)	DMW (admin) complaint vs. licensed agency
Non-deployment after payment / failure to refund / fake job order	DMW (admin); also criminal if elements of illegal recruitment are present
Illegal recruiter (no license)	City/Provincial Prosecutor (criminal), assisted by PNP/NBI; you may also inform DMW for enforcement/raids
Salary differentials, premature termination, unearned salary claims, end-of-service benefits (during/after employment)	Labor adjudication for OFW money claims (follow current rules; traditionally within labor adjudication/NLRC framework)
Forged documents, estafa, cyber fraud	Criminal (Prosecutor’s Office) in addition to admin/civil tracks

You can run tracks in parallel: e.g., file a DMW admin case for recruitment violations, and criminal charges for illegal recruitment/estafa, while separately pursuing money claims.

What counts as a recruitment violation?

Overcharging or collecting prohibited fees (e.g., charging HSWs placement fees; collecting “training/medical/processing” far beyond allowed ceilings; no official receipts).
Contract substitution (downgrading salary/benefits from the DMW-approved contract).
Misrepresentation (fake qualifications demand, non-existent employer, bait-and-switch job/site).
Failure to deploy after collecting fees or after contract approval and refusal to refund.
Withholding or confiscating passports/IDs.
Unauthorized advertisements or recruitment outside authorized venues.
Failure to assist in legitimate grievances onsite (abandoning the worker).

Placement fee rules (quick guide)

HSW/domestic workers: No placement fee policy (the worker should not be charged recruitment/placement fees).
Other categories: When fees are allowed, the cap is typically one month’s basic salary, exclusive of government-imposed costs and legitimate, receipted expenses.
Always ask for official receipts; cash-only, no-receipt schemes are red flags.

Prescriptive periods (time limits)

Illegal recruitment (criminal): generally 5 years from commission; if economic sabotage, up to 20 years.
OFW money claims: typically 3 years from accrual (follow the prevailing adjudication rules and jurisprudence).
Administrative complaints: file as soon as practicable; earlier filing improves evidence and enforcement.

Evidence checklist

Identity & authority: agency name, DMW/POEA license number; names of recruiters/officers.
Document trail: job offer/DMW-approved contract, OEC/e-Registration printouts, job order numbers, visa/permit papers.
Money trail: receipts, deposit slips, transfer proofs; fee breakdowns; chat/email confirming amounts.
Acts complained of: screenshots of chats/texts/calls, ads, brochures; training/medical referrals with prices; passport custody proof.
Harm: non-deployment records, time off work, expenses, lost wages, medical/psychological reports (if relevant).
Witnesses: co-applicants, relatives present during payments, agency staff identities.

How to file: step-by-step

A) Administrative complaint (licensed agency)

Draft a verified Complaint-Affidavit stating parties, facts (dates, fees, acts), violations, and reliefs (refund, restitution, suspension/revocation, fines).
Attach evidence and IDs; include list of witnesses with summaries of testimony.
File with the DMW (main office or regional office). Keep receiving copies stamped with date/time.
Proceedings typically include summons, answer, mandatory conference, and position papers.
Decision & penalties may include refunds, restitution, fines, suspension/revocation of license, cancellation of accreditation of the foreign employer, and blacklisting. Post-decision appeal routes exist within the DMW system.

B) Criminal complaint (illegal recruitment/estafa)

Prepare a Complaint-Affidavit detailing elements of illegal recruitment (who recruited, collected fees, promised jobs), number of victims, and any syndicate details.
Attach receipts, ads, IDs, photos, chat logs, and witness affidavits.
File with the City/Provincial Prosecutor where acts occurred; request inquest if suspects are arrested, or preliminary investigation otherwise.
Coordinate with PNP-CIDG/NBI-AAD for entrapment/raids if operations are ongoing.
After finding of probable cause, the case moves to trial court.

C) Money claims (contract-based)

Identify claims (salary differentials, unpaid wages, airfare, illegal dismissal damages under the standard POEA/DMW contract).
Compute amounts; attach contract/OEC, payslips, remittance records, termination papers.
File before the proper labor adjudication forum for OFWs as currently designated by rules (traditionally NLRC).
Attend conciliation and submit position papers; decisions are appealable.

Reliefs and penalties (what you can get)

Refund of illegal fees; restitution of expenses; compensation for non-deployment where liable.
Suspension/revocation of agency license; cancellation of foreign employer accreditation; blacklisting.
Administrative fines and orders to cease and desist from unlawful practices.
Criminal penalties for illegal recruitment: imprisonment and fines, escalated for economic sabotage.
Civil damages: actual, moral, exemplary; attorney’s fees and interest.

Special situations & sector notes

Contract substitution abroad: Report immediately to MWO/POLO and consulate; insist on the DMW-standard contract. The agency and employer are solidarily liable for valid claims.
Passport confiscation: Unlawful. Demand return in writing; raise to DMW/MWO and host-country authorities if needed.
Underage applicants: Recruitment of minors for overseas work is illegal; report promptly.
Training/medical “packages” tied to one clinic or school at inflated prices: often an unfair practice—preserve proof.
Runaway/abuse cases: Seek immediate shelter/help from MWO/Embassy; document injuries and incidents.

Template: Administrative Complaint (DMW)

Complainant: [Name, Address, Contact] Respondent Agency: [Exact corporate name, DMW/POEA Lic. No., Address] Cause/s of Action: Violation of recruitment rules (overcharging/contract substitution/non-deployment/refund refusal/etc.)

Allegations:

On [date], Respondent offered me [position, country, salary] under Job Order [no.].

Respondent collected ₱[amount] as placement/processing/training/medical fees, evidenced by [receipts].

Despite [approval/OEC], Respondent failed/refused to deploy and to refund; alternatively, deployed me under substituted terms at [lower salary/harsher conditions].

Respondent retained my passport from [date to date].

Reliefs Sought: Refund of illegal fees ₱[ ], restitution ₱[ ], damages as allowed, suspension/revocation of license, cancellation of employer accreditation, and other just reliefs.

Attached: IDs, contract/OEC, receipts, chats, witnesses’ affidavits, ads.

Verification & Certification against Forum Shopping [Signature over printed name]

Practical tips for stronger cases

Paper trail or it didn’t happen. Insist on official receipts; take photos at payments; summarize phone calls by email to create a written record.
Name the right entity. Use the exact corporate name on the DMW license—many trade names sound alike.
Link the job order. Identify job order numbers and the foreign principal to reach the right accreditation.
Coordinate with co-victims. For criminal cases, three or more victims can tip the case into large-scale (economic sabotage).
Mind the clock. Preserve messages (don’t delete chats), and file within the prescriptive periods.
Stay reachable. Use a dedicated email/number for official notices; monitor spam folders.

Frequently asked questions

1) Can I file both admin and criminal cases? Yes. Administrative (DMW) sanctions the license and orders refunds/restitution; criminal punishes the offenders; labor adjudication resolves money claims under the contract.

2) The agency blames the foreign employer—who pays me? Under standard rules, the agency and foreign principal are solidarily liable for valid claims.

3) I’m an HSW and they charged me a placement fee. Is that allowed? No. HSWs are no-placement-fee. Seek refund and file an admin case; consider criminal charges if facts show illegal recruitment.

4) I paid but was never deployed. Demand a refund in writing; if refused or ignored, file DMW admin for non-deployment/refund, and assess criminal liability.

5) The recruiter has no office/keeps moving. Gather addresses, names, phone numbers, and screenshots; coordinate with PNP/NBI for entrapment/raid, and file with the Prosecutor.

Bottom line

Use DMW (admin) to discipline licensed agencies and secure refunds/restitution, criminal avenues to crush illegal recruitment, and labor adjudication for contract money claims.
Build a clean record (receipts, chats, contracts, job orders, passport handling).
File early, name the right respondents, and don’t hesitate to run parallel remedies when warranted.