(Philippine legal context; focus on agencies that take placement/deployment fees or “processing” payments but fail to deploy and/or refuse to refund.)

1) Know the scenario you’re in (this changes the proper office)

Before choosing where to complain, classify the agency transaction:

A. Local household worker placement (within the Philippines)

You paid an agency to match/place a kasambahay (household service worker) to a household employer inside the Philippines, but the agency:

never provided a worker,
provided someone who immediately left and the agency refused replacement/refund, or
kept delaying “deployment” (reporting date/start date) and refused to return your money.

B. Overseas household worker deployment (to work abroad)

You paid (or were made to pay) for processing, placement, or deployment of a domestic worker abroad (often framed as “DH,” “caregiver,” “household worker”), but you were never deployed, or deployment was repeatedly postponed, and you can’t recover your payment.

C. The agency is unlicensed / operating informally

No clear office address, no license number, only social media, “booking fee,” “reservation,” “processing,” “medical,” “training,” “documentation,” etc. This can trigger illegal recruitment and/or estafa.

Because household worker transactions often look like “services” and “placement” combined, it’s common to have multiple remedies in multiple offices at the same time (administrative + civil + criminal).

2) The main complaint venues, and what each can do

2.1 Department of Migrant Workers (DMW) — for overseas deployment cases

If the promised job was abroad, the primary government venue is the DMW (which absorbed functions previously associated with POEA for overseas recruitment regulation).

When to file here

Non-deployment abroad despite payment.
Refund refusal for overseas processing/placement.
Suspected recruitment violations by a licensed overseas agency.
Suspected illegal recruitment (especially if no license).

What DMW can do

Administrative action against the recruitment agency (suspension/cancellation, fines/penalties under recruitment rules).
Orders/relief mechanisms tied to recruitment regulation (depending on the case posture).
Referral/coordination for criminal action (illegal recruitment) when warranted.

Why DMW is important Overseas recruitment is a heavily regulated area; administrative complaints (license/disciplinary) are often faster leverage than pure civil suits, and they create an official record of violations.

2.2 DOLE Regional Office — for local private employment agency issues (domestic placement)

For household worker placement within the Philippines, the usual government venue is the Department of Labor and Employment (DOLE) through the DOLE Regional Office that covers the agency’s location. DOLE regulates local employment facilitation and can act against agencies engaged in improper placement practices.

When to file here

You paid for local household worker placement and the agency failed to provide a worker or honor replacement/refund terms.
The agency’s conduct resembles prohibited fee collection or deceptive placement practices in local recruitment.

What DOLE can do

Receive complaints and investigate administrative violations for locally operating employment/placement entities (depending on their licensing/registration status and the governing regulations).
Call the parties for conferences/mediation and require compliance with labor regulatory requirements.
Coordinate enforcement actions where the entity is operating without authority.

Practical note Local household worker arrangements are governed by the Kasambahay framework (domestic work protections), but your dispute is often between customer (employer) and agency over a paid service—so DOLE is useful primarily where the agency’s placement activity is within DOLE’s regulatory reach, while refund recovery may still rely on civil/consumer and barangay pathways.

2.3 DTI — for consumer/refund disputes framed as a consumer transaction

If your relationship with the agency looks like a paid service contract (placement service with promised deliverables and refund policy), you may pursue a refund complaint through the Department of Trade and Industry (DTI) as a consumer dispute—especially when:

the agency’s marketing/advertising is misleading,
promised deliverables weren’t delivered,
refund promises weren’t honored.

When DTI is most useful

You have receipts, written terms, chat messages, or a “contract/booking form” showing deliverables and refund policy.
You want a structured mediation/conciliation route aimed at refund/settlement.

What DTI can do

Facilitate settlement/mediation (and handle consumer-law related complaints).
Apply consumer protection concepts when the facts fit (misrepresentation, deceptive sales acts, unfair practices).

Limitations DTI is typically strongest when the dispute is clearly a consumer service issue. If the agency is primarily a labor recruitment entity, DOLE/DMW may be the more direct regulator—yet DTI can still be effective for refund outcomes in many service-contract disputes.

2.4 Barangay (Katarungang Pambarangay) — for mandatory pre-filing conciliation in many civil cases

For many money/refund disputes, barangay conciliation is the required first step before filing in court, if:

you and the respondent (or its officer/representative) are in the same city/municipality (subject to rules and exceptions), and
the dispute is not among the exempted categories.

When it helps

You want a faster settlement and documented demand.
You need the certificate to file in court later (when required).

What you can get

A written settlement agreement.
If no settlement: a certification that allows escalation (where applicable).

Important Barangay conciliation is often practical leverage: agencies sometimes settle once they see you are documenting and escalating.

2.5 Courts (Civil) — for refund recovery and damages

If you want enforceable money recovery, you can file a civil case. The best-fitting option often depends on the amount and nature of the claim:

(a) Small Claims (Metropolitan/Municipal Trial Courts)

If your claim is essentially “refund of money paid” (plus allowable costs/interest), small claims is commonly the most efficient route because:

it’s designed for money claims,
it is faster and simplified,
lawyers are generally not required for parties (subject to court rules).

This is often ideal for:

placement fee refund,
“processing fee” refund,
reservation/booking refund,
replacement-guarantee refund.

(b) Regular civil action (Breach of contract / damages)

Use this if:

the issues are complex (multiple defendants, larger damages, fraud-type facts),
you want moral/exemplary damages (where legally supportable), or
you need broader relief (e.g., rescission, injunction—though injunctions require specific standards).

Legal bases typically invoked

Obligations and Contracts (Civil Code): breach of contractual undertaking, rescission, damages.
Quasi-delict/tort concepts if the facts show wrongful acts causing damage.
Unjust enrichment arguments where money was retained without basis.

2.6 Prosecutor’s Office / Police (Criminal) — for estafa and/or illegal recruitment

If the agency took money by deception or false pretenses, criminal remedies may apply.

(a) Estafa (Swindling)

File with the Office of the City/Provincial Prosecutor if you can show:

false representations or deceit,
reliance by the victim,
damage (money paid),
and intent or wrongful appropriation.

Typical red flags supporting estafa-style allegations:

fake job orders,
fabricated “deployment schedules,”
“guaranteed” placement despite no capacity,
refusal to refund coupled with evasiveness, disappearing acts, or multiple victims.

(b) Illegal Recruitment (especially for overseas jobs)

Where the promise is employment abroad, illegal recruitment may apply if:

the recruiter is unlicensed/unauthorized, or
even a licensed entity commits acts that the law treats as illegal recruitment (depending on the specific prohibited acts and circumstances), and/or
there are multiple victims (which can elevate seriousness under applicable rules).

File through:

Prosecutor’s Office (for criminal complaint),
and report to DMW for regulatory action/documentation.

Practical approach Administrative (DMW/DOLE) + criminal (prosecutor) can be pursued in parallel when facts justify it.

2.7 Local Government Units (LGU) — for business-permit pressure and consumer protection channels

You can also complain to the city/municipal offices where the agency operates:

Business Permits and Licensing Office (BPLO) or equivalent,
City/Municipal Legal Office or Consumer Welfare Desk (varies by LGU),
Mayor’s Office (public assistance/complaints).

Usefulness

If the agency is operating without permits, misrepresenting address, or violating permit conditions, LGU action can be strong leverage.
LGU pressure often compels appearance and settlement, especially for walk-in storefront agencies.

2.8 SEC / DTI Business Name registration checks — for identifying the correct legal entity

This is not a “refund venue” by itself, but it is crucial for correctly naming respondents:

If incorporated/partnership: the SEC registration name matters.
If sole proprietor: the DTI business name matters.

Correct naming is essential for:

barangay complaints,
court cases,
prosecutor filings,
regulatory complaints.

If the agency hides behind a trade name, you may need to identify:

the owner/proprietor,
corporate officers,
physical address for service of notices.

3) Choosing the best filing strategy (practical decision map)

If the job is abroad

DMW administrative complaint (recruitment violation / non-deployment / refund issues).
Prosecutor if there are strong fraud indicators or unlicensed recruitment (illegal recruitment / estafa).
Small claims or civil case for money recovery if settlement fails (depending on amount and proof).

If the job is local

DOLE Regional Office complaint if the entity is acting as a local placement/recruitment agency and appears to violate local recruitment rules.
DTI complaint if the transaction is best framed as consumer service non-performance/refund refusal.
Barangay conciliation (often a required first step for civil refund suits, subject to rules).
Small claims for straightforward refund collection.

If the agency seems unlicensed / purely online / many victims

Prosecutor (estafa and, if overseas recruitment, illegal recruitment).
DMW (if overseas promise) or DOLE/LGU (if local placement), for enforcement and documentation.
Civil refund route if you mainly want money back and have a clear paper trail.

4) What to prepare before filing (evidence checklist)

Bring printed copies (and keep digital backups) of:

Proof of transaction

Official receipt, acknowledgment receipt, deposit slip, bank transfer records, e-wallet screenshots.
Any “contract,” “service agreement,” “booking form,” “replacement guarantee,” or written refund policy.

Proof of promises and timelines

Chat messages, emails, texts showing:
- promised deployment/start date,
- repeated extensions,
- refusal to refund or “no refund policy,”
- admissions of non-deployment.

Proof of demand

A written demand letter (even simple) stating:
- amount paid,
- what was promised,
- failure to deploy,
- deadline to refund (e.g., 5–10 days),
- mode of refund.

Send demand via:

email,
courier,
or personal service with acknowledgment, so you can prove notice.

Agency identity

Full name of agency and office address.
Names of owner, manager, recruiter, agents you dealt with.
Photos of storefront signage, IDs, business cards, social media pages.
Any license number they claim (especially for overseas).

Pattern evidence (if multiple victims)

Statements or affidavits from other complainants.
Screenshots showing other victims commenting/complaining. This is especially relevant for criminal complaints.

5) What to ask for (clear remedies)

In your complaint, specify the relief you want. Common remedies:

Refund-related

Full refund of amounts paid.
Interest (if supportable), costs of filing, and documented incidental expenses.
Written cancellation/termination of the service agreement.

Compliance-related (regulatory)

Investigation and administrative sanctions for recruitment/placement violations.
Suspension/closure actions against unauthorized operators (regulator/LGU dependent).

Damages-related (civil)

Actual damages (documented losses).
Moral/exemplary damages only when legally justified by bad faith, fraud, or oppressive conduct (courts assess strictly).

Criminal accountability (when warranted)

Estafa and/or illegal recruitment charges against responsible individuals.

6) How to write the complaint (effective structure)

A strong complaint is factual, chronological, and proof-driven:

Parties
- Your name/address/contact details.
- Agency’s complete name and address; include proprietor/officers/recruiters (individual names).
Jurisdiction/venue basis
- State whether it’s local placement or overseas deployment.
- Identify why the office you’re filing with is the proper venue.
Statement of facts (timeline)
- Date you engaged the agency.
- Amount paid and why.
- Promised deployment/start date.
- Follow-ups and excuses/delays.
- Refusal/failure to refund.
Issues
- Non-deployment/non-performance.
- Refund refusal.
- Misrepresentation (if any).
- Operating without authority (if suspected).
Evidence list
- Number your annexes (Annex “A,” “B,” etc.).
- Attach receipts, chats, demand letter.
Prayer (requested relief)
- Exact amount of refund demanded.
- Additional relief (regulatory action / mediation / prosecution referral, depending on venue).
Verification/affidavit
- For prosecutor filings, you typically need an affidavit/complaint-affidavit with supporting documents.

7) Common agency defenses—and how to address them

“No refund policy”

A “no refund” line does not automatically defeat a claim, especially where:

the agency failed to deliver the basic service (no deployment/placement),
the “no refund” is buried, not properly disclosed, or unconscionable in application,
there is evidence of misrepresentation or bad faith.

Your counter is evidence-based:

Show the promised deliverable never happened.
Show repeated delays and refusal despite non-performance.
Emphasize your demand and the agency’s failure to account for the money.

“We will deploy soon”

If “soon” has been repeated for weeks/months, document every promised date and missed deadline. Regulators and courts respond well to missed commitments and pattern delay.

“The worker backed out / employer changed requirements”

If the agency sold the service as placement with replacement guarantee, show:

the guarantee terms,
your willingness to accept replacement within reasonable parameters,
the agency’s failure to provide any workable solution or refund.

“Processing fees were used already”

Ask for:

itemized accounting,
official receipts for expenses allegedly incurred,
contractual basis for non-refundable portions. Where there is no credible accounting, retention looks more like unjust enrichment or bad faith.

8) Practical sequencing that often works best for refunds

A commonly effective escalation ladder (adapt as needed):

Demand letter with deadline (documented delivery).
Barangay conciliation (when applicable).
DTI mediation (consumer framing) and/or DOLE (local placement regulation) / DMW (overseas).
Small claims (for straightforward refund) if still unpaid.
Prosecutor (estafa/illegal recruitment) when facts support deceit, unlicensed recruitment, or multiple victims.

You don’t always need to do all steps; the best “pressure points” depend on whether it’s local vs overseas, and whether there are fraud/illegality indicators.

9) Special notes for overseas household worker recruitment

For overseas cases, be alert to these legal risk markers:

Recruitment conducted without a verifiable license/authority.
Fees demanded upfront without proper documentation.
“Training/medical/documentation” fees demanded repeatedly with moving goalposts.
Recruitment conducted through “coordinators” with no office and no written contracts.
Multiple victims paying similar amounts for the same promised country/employer.

Where these exist, administrative action (DMW) plus criminal complaint can be appropriate, and individual recruiters/coordinators (not just the company name) may be respondents.

10) Bottom line: the best places to file, by objective

If your main goal is fast refund recovery

Small Claims Court (strong for direct money recovery)
DTI mediation (often effective when clearly a paid service dispute)
Barangay conciliation (often required step and a settlement lever)

If your goal is regulatory accountability

DMW (overseas recruitment/deployment)
DOLE Regional Office (local placement/recruitment regulation)

If your goal is criminal accountability / deterrence

Office of the Prosecutor (estafa; and illegal recruitment especially for overseas cases)
Coordinate with DMW for overseas recruitment documentation and enforcement support

If your goal is local operational shutdown pressure

LGU licensing/business permit office (operating without permits, address misrepresentation, consumer complaints desks)

11) Quick reference: what to write on the first line of your complaint

“Complaint for Refund Due to Non-Deployment/Non-Performance of Household Worker Placement Services” (local/DTI/civil framing)
“Administrative Complaint for Non-Deployment and Refund; Recruitment/Placement Violations” (DMW/DOLE framing)
“Complaint-Affidavit for Estafa and/or Illegal Recruitment (Non-Deployment; Refund Refusal)” (prosecutor framing)

Keeping the title accurate helps route your complaint correctly.

12) A caution on terminology: “deployment” vs “start of service”

In local household placement, “deployment” is often used casually to mean “start date of the worker.” In overseas recruitment, “deployment” has a more formal meaning tied to lawful processing and exit. Use precise facts:

what was promised,
what date,
what documents,
what payment,
what exactly did not happen.

Precision makes the complaint harder to evade.

13) Minimal template (fill-in-the-blanks)

I. Facts On ___ (date), I engaged ___ (agency) located at ___ to provide household worker placement services for my household. The agency required payment of ₱___ on ___ (date), which I paid via ___ (method). The agency promised that the worker would start on ___ (date) / that I would be deployed abroad on ___ (date). Despite repeated follow-ups on ___ (list dates), the agency failed to provide the worker / failed to deploy me. The agency repeatedly moved the date to ___, ___, and ___, and ultimately refused to refund my payment despite my written demand dated ___.

II. Relief sought I respectfully request (a) refund of ₱___; (b) applicable costs/allowable relief; and (c) investigation and appropriate action against the agency and responsible individuals for their failure to deliver the promised service and refusal to refund.

III. Attachments Annex A: Proof of payment Annex B: Contract/terms Annex C: Chat messages timeline Annex D: Demand letter and proof of sending

This is the full landscape of where and how complaints for non-deployment and refunds against household service worker agencies are commonly filed and pursued in the Philippines, including administrative, consumer, civil, and criminal pathways, and how to choose among them depending on whether the promised work is local or overseas.