A Legal Guide to Verifying Recruitment Agency Licensing in the Philippines

In the Philippine legal landscape, the recruitment and placement of Filipino workers for overseas employment are strictly regulated. With the transition from the Philippine Overseas Employment Administration (POEA) to the Department of Migrant Workers (DMW) under Republic Act No. 11641, the framework for verification has been streamlined but remains rigorous. Engaging with an unlicensed agency is not only a financial risk but constitutes Illegal Recruitment under the Migrant Workers and Overseas Filipinos Act (R.A. 8042, as amended by R.A. 10022).

Below is the comprehensive procedure and legal framework for verifying the legitimacy of a recruitment agency.

1. The Central Authority: From POEA to DMW

While many still use the term "POEA," the Department of Migrant Workers (DMW) is now the primary executive department tasked with protecting the rights and promoting the welfare of Overseas Filipino Workers (OFWs). Any agency operating in the Philippines must possess a valid license issued by the DMW to legally recruit, process, and deploy workers abroad.

2. Verification via the DMW Verification System

The most definitive way to verify an agency's status is through the DMW’s official digital databases.

The DMW Online Services Portal: Prospective workers should visit the official DMW website. The "Licensed Agencies" search tool allows users to input the name of a specific agency to check its status.
Status Classifications: When searching, an agency will fall into one of several categories:
Valid/Good Standing: The agency is authorized to recruit and deploy.
Delisted/Cancelled: The license has been revoked due to violations.
Suspended: The agency is temporarily barred from recruitment activities pending investigation or compliance.
Expired: The license has lapsed and has not been renewed.

3. Physical Inspection of Licenses

By law, every licensed recruitment agency is required to display its Original License in a conspicuous place within its office. Key details to check on the physical document include:

License Number: Cross-reference this with the DMW database.
Validity Period: Ensure the license has not expired.
Authorized Representative: Only persons named in the DMW records are authorized to act on behalf of the agency.

4. Verifying Job Orders

Having a license is only half of the requirement. A licensed agency must also have Approved Job Orders. An agency might be legitimate, but the specific job they are offering may not be registered with the DMW.

Ask for the Principal’s name (the foreign employer) and the Job Order Number.
Verify if the job order is active through the DMW portal. If the agency cannot provide a Job Order for a specific country or position, they cannot legally recruit for that role.

5. Red Flags of Illegal Recruitment

The law defines illegal recruitment broadly. If any of the following occur during your verification process, the entity is likely operating outside of legal bounds:

Off-site Recruitment: Conducting interviews in fast-food chains, malls, or private residences without a Special Recruitment Authority (SRA) from the DMW.
Placement Fee Issues: Charging placement fees for countries where they are prohibited (e.g., USA, UK, Canada, and for Domestic Workers) or charging more than the equivalent of one month's salary.
No Official Receipt: Refusing to issue an official receipt for any money collected.
Tourist Visa Processing: Claiming they can send you abroad on a tourist visa and "convert" it to a work visa later. This is a hallmark of human trafficking and illegal recruitment.

6. Legal Remedies and Reporting

If an agency is found to be unlicensed or engaging in suspicious activities, individuals should report them to the DMW Anti-Illegal Recruitment Branch (AIRB) or the National Bureau of Investigation (NBI).

Under Philippine law, illegal recruitment is considered a crime of economic sabotage when committed by a syndicate (three or more persons) or in a large scale (against three or more persons), carrying a penalty of life imprisonment and heavy fines.

Summary Checklist for Applicants

Step	Action
Search	Check the agency name on the DMW Website.
Confirm	Ensure the status is "Valid" or "Good Standing."
Inspect	Visit the office and look for the physical DMW license.
Validate	Verify the Job Order for your specific position and country.
Receipt	Always demand an Official Receipt for any payments made.