Overview

Work visas in the Philippines are granted on the assumption that the foreign national (FN) has a legitimate job offer, a real employer, and truthful supporting documents. When an FN allegedly uses fake employment details—such as a non-existent position, a sham employer, falsified contracts, or fabricated company records—to obtain a work visa, several Philippine laws may be implicated. Reporting such conduct serves two public interests: (1) protecting the integrity of the immigration and labor systems, and (2) preventing unfair displacement of Filipino workers through fraudulent arrangements.

This article explains the relevant visa types, common fraud patterns, applicable laws, where and how to report, what evidence matters, and the risks and protections for whistleblowers—within a Philippine legal framework.

Important note: This is general legal information, not individualized legal advice. If your situation is sensitive or high-risk, consult a Philippine labor/immigration lawyer.

Philippine Work-Visa and Work-Authorization Basics

Foreign nationals typically need both immigration status and labor authorization to work legally:

Immigration Status
- 9(g) Pre-Arranged Employment Visa: Standard work visa for FNs employed by Philippine-registered entities.
- 47(a)(2) Visa: Issued by the Department of Justice upon endorsement for specific projects/entities (e.g., PEZA/BOI-registered companies).
- Special Investor/Executive Arrangements, depending on industry and registration.
Labor Authorization
- Alien Employment Permit (AEP) from the Department of Labor and Employment (DOLE) is usually required before or alongside visa processing, unless exempt.

A legitimate case involves: a real company registered with the SEC/DTI/BIR, a genuine role, compliant compensation, and proper AEP/visa filings.

What Counts as “Fake Employment Details”?

Fraud may include any material misrepresentation submitted to DOLE, BI, DOJ, or other endorsing agencies, such as:

Sham employment: The FN is “employed” on paper only, with no real job or business need.
Falsified documents:
- fake employment contracts
- fabricated job descriptions
- counterfeit SEC/DTI registrations or business permits
- altered payroll, tax filings, or company financials
Misstated role or qualifications:
- claiming an executive/technical role to pass AEP scrutiny
- using false degrees/licenses
Employer collusion:
- a company “sponsoring” a visa for a fee
- job posts made only to comply on paper
Visa-for-sale setups:
- using a shell corporation to “hire” multiple FNs

Even if the FN did not personally forge documents, knowingly using fake documents can still trigger liability.

Key Philippine Laws Potentially Involved

1. Philippine Immigration Act (Commonwealth Act No. 613, as amended)

Penalizes fraud or misrepresentation in visa applications, and can lead to:
- visa cancellation
- deportation
- blacklisting
- criminal prosecution in serious cases

2. Revised Penal Code (RPC)

Depending on the act, authorities may consider:

Falsification of documents (public, official, or private)
Use of falsified documents
Estafa (fraud) if money/property was obtained through deceit
Perjury if sworn statements were false

3. Anti-Dummy Law (Commonwealth Act No. 108)

Relevant if the scheme is really about:

using FNs to evade nationality restrictions, or
placing FNs in positions reserved for Filipinos, while papers disguise the true arrangement.

4. DOLE Rules on AEP

AEPs can be revoked for misrepresentation.
Employers can be blacklisted or blocked from future AEPs.

5. Corporate/Tax Laws

If a shell company or fake payroll/tax evidence is involved:

SEC and BIR violations may be triggered independently of immigration issues.

Where to Report (Philippine Agencies)

You can report to one or several agencies depending on what you know:

Bureau of Immigration (BI)
- Handles visa fraud, overstaying, illegal work, and deportation processes.
- Best for: fake 9(g)/immigration documents, illegal employment, misrepresentation.
DOLE – Regional Office / AEP Unit
- Handles AEP issuance and revocation.
- Best for: fake job offers, sham roles, AEP-based fraud.
Department of Justice (DOJ)
- Particularly for cases under 47(a)(2) or where criminal prosecution is likely.
- Best for: larger conspiracies, repeat offenders, syndicates.
SEC / DTI / BIR (as applicable)
- If the employer is fake or using fraudulent registrations/tax filings.

If you’re unsure, BI and DOLE are the usual starting points.

How to Report: Practical Step-by-Step

Step 1: Write a Clear, Factual Complaint

Your report should answer:

Who: full name, nationality, passport number if known, visa type, employer name.
What: specific false details (e.g., fake role, company non-existence, falsified contract).
When/Where: dates of filings, employment, or observed misconduct.
How you know: personal knowledge, documents, witness accounts.

Keep it factual. Avoid speculation or insults.

Step 2: Gather Supporting Evidence

Useful evidence includes:

copies/photos of alleged fake contracts, company letters, ID cards
screenshots of job ads or internal communications
SEC/DTI/BIR records indicating the employer does not exist or is inactive
payroll records showing no genuine wages
witness statements (preferably signed)
proof of actual work different from what was declared (e.g., role mismatch)

Even partial evidence helps. Agencies can subpoena more.

Step 3: File the Complaint

BI: submit to the Legal Division or Intelligence Division at BI Main Office or through regional offices.
DOLE: file with the AEP issuing Regional Office where the employer is based.

You may file in person. Many offices accept written complaints with attachments. If you want anonymity, say so upfront (see “Whistleblower considerations”).

Step 4: Request Acknowledgment / Docket Number

Ask for proof your complaint was received:

BI case/docket reference
DOLE complaint/AEP case number

Step 5: Cooperate If Contacted

Investigators may seek clarification. Provide only what you know.

What Happens After You Report?

Bureau of Immigration Track

Evaluation of complaint
Possible mission/inspection, document verification, and interviews
If probable cause exists:
- Show Cause Order / visa review
- Cancellation proceedings
- Deportation proceedings
- Employer scrutiny for aiding/abetting

DOLE Track (AEP)

Notice to explain to FN and employer
Verification of labor market test and role legitimacy
Possible AEP revocation
Employer sanctions/blacklisting if complicit

Cases vary in speed and outcome. Fraud cases often involve cross-agency coordination.

Whistleblower & Reporter Considerations

1. Confidentiality

You can request that your name be kept confidential, especially if you fear retaliation. Agencies may still need your identity in court later, but initial handling can be discreet.

2. Retaliation at Work

If you are an employee reporting your own company:

You may have protection under labor standards against illegal dismissal or harassment.
Document any retaliation and consider a separate DOLE/NLRC complaint.

3. Defamation Risk (Libel/Slander)

Philippine defamation laws are strict. To reduce risk:

report only to authorities, not on social media
stick to verifiable facts
avoid naming people publicly Truth is a defense, but process matters.

4. Data Privacy

If you share personal data (passport numbers, addresses), do so only to proper authorities and only what’s relevant. Avoid mass dissemination.

If the Employer Is Involved

Philippine law can penalize employers who:

knowingly submit false documents,
“rent out” their company as a visa sponsor,
or facilitate sham employment.

Reporting the employer alongside the FN is often critical, because most work-visa fraud requires a Philippine sponsor.

Special Case: You Suspect a Syndicate or “Visa-for-Sale” Operation

Indicators:

multiple FNs tied to one small or dormant company
identical job titles for many unrelated FNs
payment demanded purely for sponsorship
fabricated “project endorsements”

In such cases, report to BI Intelligence and consider copying DOLE and DOJ. These may be treated as organized fraud.

Tips for a Strong, Responsible Report

Be specific: “Fake job” is weak; “contract says ‘IT Manager’ but company has no IT department and never paid salary” is strong.
Attach proof: a short narrative + numbered exhibits works best.
Don’t confront the FN yourself: let agencies investigate.
Avoid threats or public accusations: it can compromise the case and expose you to liability.
If urgent (threat to safety or active flight risk): emphasize urgency in your complaint.

Possible Outcomes for the Foreign National

If fraud is proven, results may include:

AEP revocation
9(g) / 47(a)(2) visa cancellation
deportation
blacklisting
criminal filing (falsification, perjury, estafa, etc.)

Outcomes depend on evidence, intent, and whether there was employer collusion.

When to Get a Lawyer

Consider consulting counsel if:

you are reporting your employer or superior
the FN has threatened you
you anticipate being a witness
the matter involves significant money, property, or corporate fraud
you need help drafting a complaint to avoid defamation risk

A lawyer can also guide simultaneous filing with BI, DOLE, SEC, or BIR.

Bottom Line

Reporting a foreign national who used fake employment details to obtain a Philippine work visa is lawful and often encouraged to protect immigration integrity and Filipino labor rights. The most effective path is to file a fact-based complaint with the Bureau of Immigration and DOLE AEP unit, supported by clear evidence, while safeguarding yourself through confidentiality, careful language, and proper channels.

If you want, I can draft a sample complaint template you can adapt to your situation (without needing any personal names here).