Updated for the Philippine legal framework as of recent reforms establishing the Department of Migrant Workers (DMW). This is practical, rights-focused guidance—not a substitute for personalized legal advice.

1) The Basics

What counts as “recruitment”?

Any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers, and includes referrals, contract services, promising or advertising employment abroad—with or without collecting fees.

Illegal recruitment (IR)

Illegal recruitment arises when a person or entity without a DMW license/authority recruits workers for overseas employment, or when a licensed recruiter commits prohibited practices (e.g., excessive fees, false promises, misrepresentation). It may be:

By a non-licensee/non-holder of authority; or
By a licensee who engages in acts the law forbids (still illegal recruitment despite the license).

Two aggravated forms (collectively known as economic sabotage):

By a syndicate – committed by three (3) or more conspiring offenders.
In large scale – committed against three (3) or more victims.

Penalties (typical ranges under the Migrant Workers and Overseas Filipinos Act, as amended):

Illegal recruitment: hefty fines and long-term imprisonment.
Economic sabotage (syndicate/large scale): life imprisonment and multi-million-peso fines.

Key point: Illegal recruitment can be prosecuted together with estafa (swindling) because they protect different interests and require different elements.

Estafa (swindling)

Estafa under the Revised Penal Code punishes deceit or abuse of confidence that causes damage (usually payment of money or surrender of property). In job scams:

Use of false pretenses (“guaranteed visa,” “deployed in two weeks,” “DMW-approved job order” when none exists);
Receiving money (placement fees, “processing”/training/medical/visa fees) without actual deployment or with deliberate misrepresentation.

Penalties scale with the amount defrauded (updated thresholds under later amendments). Courts may award restitution, civil damages, and interest.

2) Red Flags of Overseas Job Scams

Recruiter can’t show a valid DMW license or name doesn’t match the license.
No verified job order/contract; vague employer details.
Tourist visa route (“fly now, change status there”) for a job that obviously requires a work visa.
Upfront fees far beyond what’s allowed; “no receipt” policy.
“Guaranteed job / visa / salary,” unrealistic timelines.
Online-only operations using social media pages with constantly changing names, locations, or contact numbers.
“Training” or “fast-track” packages bundled with travel/tourism services.
Recruiter asks you to pose as a relative/friend for travel, or to conceal the true purpose of your trip.

3) What Fees Are (and Aren’t) Allowed

Many categories cannot be charged placement fees (e.g., household service workers bound overseas).
Where a placement fee is allowed, it is commonly capped at one (1) month basic salary of the position, exclusive of demonstrable, pass-through costs (e.g., document authentication, medical exam) at actual cost.
Official receipts are mandatory for any payment.
“Placement fee loans” and “salary deductions” that obscure the real fee are scrutinized and may be unlawful.

Tip: Always ask for the exact job order number, the foreign employer’s name, and a copy of the verified employment contract before paying anything.

4) Where and How to Take Action

A. Criminal complaints

You can pursue illegal recruitment and estafa simultaneously.

Evidence gathering
- IDs of the recruiter; screengrabs of ads/chats; call logs; email threads.
- Receipts/deposit slips, remittance forms, ledger of payments.
- Copies of contracts, “acknowledgment” notes, training/medical vouchers.
- Names and contact details of other victims (for large-scale charges).
- Keep a timeline (dates, places, amounts, promises made).
Where to file
- City/Provincial Prosecutor’s Office (for preliminary investigation), typically where any element of the offense occurred or where the complainant resides (special venue rules apply to IR to aid victims).
- DMW–Anti-Illegal Recruitment units and law enforcement (PNP/NBI) for inquest or entrapment if the suspect is caught receiving money.
- For online schemes, NBI Cybercrime Division can assist with digital evidence preservation.
What to submit
- Complaint-Affidavit narrating facts chronologically;
- Supporting affidavits of witnesses;
- Documentary exhibits (marked and tabbed).
Case flow (criminal)
- Inquest (if warrantless arrest) or Preliminary Investigation (PI): filing → counter-affidavit → replies → resolution (dismiss or file information in court).
- Arraignment, pre-trial, trial, judgment. Courts may order restitution and damages.

Prescription (time limits to file):

Illegal recruitment: typically 5 years; 20 years if economic sabotage.
Estafa: depends on the imposable penalty (often longer than 10 years). File as early as possible.

B. Administrative & civil remedies

Against licensed agencies (Philippines):

File a recruitment violation case with the DMW Adjudication/regulatory units for:
- Refund of illegal fees,
- Suspension/cancellation of license,
- Forfeiture of bonds to satisfy valid claims.
Money claims arising from the employment contract (e.g., unpaid wages, premature termination) are generally within NLRC (Labor Arbiter) jurisdiction, with SEnA (Single-Entry Approach) as a front-end conciliation step.

Civil action for damages (separate from criminal):

Sue the perpetrators for actual, moral, exemplary damages, and attorney’s fees.
A civil action may be filed independently, or deemed instituted with the criminal case (unless you waive or reserve it). Strategic choice depends on speed, proof, and available assets.

5) Building a Strong Case: Practical Playbook

Freeze the receipts
- Stop sending money. Preserve proof of transfers (bank/GCash/remittance receipts).
Document everything immediately
- Export chat threads to PDF, capture metadata where possible.
- Name files with date_who_what for order (e.g., 2025-05-10_JuanDelaCruz_FeeRequest.png).
Corroborate
- Locate at least two other victims (if available) to support large-scale IR.
Identity trail
- Gather company names, trade names, FB pages, mobile numbers, GCash names, plate numbers, CCTV where meetings/payments happened.
Affidavits
- Use clear dates, locations, exact amounts, who said what. Avoid speculation.
Coordinate with authorities
- If you have a scheduled “meet-up” for payment, inform NBI/PNP for a potential entrapment operation.
- For cross-border elements, request assistance on MLAT/international coordination through investigators.
Asset targeting
- Ask prosecutors to allege amounts for restitution.
- Consider civil attachments/injunctive remedies when feasible to prevent dissipation of assets.

6) Special Issues & FAQs

Can I file both illegal recruitment and estafa?

Yes. They are distinct offenses: IR focuses on unauthorized/prohibited recruitment acts; estafa punishes deceit and damage. Filing both often reflects the full scope of wrongdoing.

What if the recruiter is licensed?

A license does not immunize an agency. If it commits prohibited practices (misrepresentation, excessive/unreceipted fees, substitution of contracts, etc.), it can be liable for illegal recruitment and administrative sanctions—plus estafa if deceit is present.

Can I recover my money without a criminal case?

Possibly.

DMW proceedings (for licensed agencies) frequently result in refunds and license sanctions.
Civil suits may secure damages.
However, if the perpetrators are unlicensed, criminal prosecution often exerts the leverage needed for recovery.

Is barangay mediation required?

Not for criminal offenses like illegal recruitment/estafa. It may apply to purely civil claims among residents of the same city/municipality, but most recruitment disputes bypass barangay conciliation due to their criminal/administrative character.

What if I was deployed but conditions were fraudulent?

You may still have claims: contract substitution, underpayment, illegal deductions, unsafe conditions, passport withholding. These can trigger administrative sanctions, labor money claims, and criminal liability (e.g., trafficking indicators if there’s coercion/abuse).

Is human trafficking different?

Yes. Trafficking in Persons involves recruitment/transport harboring of persons through force, fraud or coercion for exploitation (including forced labor). It carries separate, often heavier penalties and uses specialized IACAT and law-enforcement protocols. Some job scams qualify as both illegal recruitment and trafficking.

7) Evidence Checklist (copy-and-use)

Government IDs of parties involved
DMW license printout/lookup (if any) and job order details
All payment proofs (receipts, transfers, cash deposit slips)
Chats/emails/ads (screenshots + exported PDFs)
Printed contracts, “acknowledgment” notes, training/medical vouchers
Photos/videos of meetings, office signages, recruiter, vehicles
Victim roster (names, contacts, amounts paid, dates)
Timeline table of events and payments

8) Template: Complaint-Affidavit (outline)

Complainant’s details (name, address, ID)
Respondent(s) (real name, aliases, agency/page names, addresses)
Summary (illegal recruitment and estafa in connection with overseas job placement)
Detailed narration (dates, places, statements made, amounts, receipts)
Proof of deceit (false job order, fake approvals, visa misrepresentations)
Damages (total amount + non-monetary harm)
Legal basis (IR under Migrant Workers Act; Estafa under RPC)
Prayer (criminal prosecution; issuance of warrants; restitution; hold-departure if applicable)
Annexes (A—ID; B—receipts; C—screenshots; D—contract; etc.)

Sworn before the prosecutor/notary, with photocopies for filing and originals on hand for inspection.

9) Practical Recovery Paths by Scenario

A. Unlicensed “fixer” on Facebook

File IR (non-licensee) + estafa; coordinate for entrapment; move for warrants.
Seek restitution and consider civil action for damages if assets are identifiable.

B. Licensed agency overcharging and bait-and-switch

DMW administrative case for refund + license sanctions;
IR (by licensee) + estafa if deceit is clear;
NLRC money claims for contract issues.

C. Multiple victims, pooled payments

Build large-scale IR case: consolidate affidavits; emphasize 3+ victims and pattern.
Consider class-like coordination for civil damages (still filed individually or consolidated by the court).

D. Already overseas, exploited

Reach POLO/Philippine Overseas Labor Office or Philippine posts;
Lodge contract violation claims; seek assisted repatriation; preserve evidence for IR/trafficking cases at home.

10) Timeframes & Strategy Tips

Move early—prescription clocks run.
Use the venue rule favoring victims (often where you reside or where any act occurred).
Name real people (agency officers, recruiters) wherever evidence supports it.
Don’t rely on mediation alone; push cases forward if deceit is clear.
Track the case with a simple case log (filings, hearings, next steps, contacts).

11) Quick Contacts & What to Say (script your first report)

DMW Anti-Illegal Recruitment: “I wish to report suspected illegal recruitment/overcharging by [name/page]. I have receipts and screenshots and can identify other victims.”
NBI/PNP (Cybercrime/Anti-AHTRAD/Criminal Investigation): “We can arrange a controlled delivery/entrapment; the suspect set a meet-up for collection.”
City/Provincial Prosecutor: “I will file a complaint-affidavit for illegal recruitment and estafa with annexes A–J.”

(When calling or visiting, bring 2 valid IDs, originals and photocopies, USB/drive with digital evidence, and your timeline.)

12) Bottom Line

Illegal recruitment punishes unauthorized or prohibited recruitment acts; estafa punishes deceit that causes loss.
You can—and often should—pursue both, plus administrative and civil remedies.
Focus your case on proof of deceit, money trail, and (for economic sabotage) multiple victims or multiple perpetrators.
Act quickly, document thoroughly, and coordinate with DMW, prosecutors, and law enforcement for the strongest chance at restitution and accountability.

If you want, I can turn this into a printable checklist set (victim timeline sheet, evidence index, and affidavit shell) that you can immediately use.