More than 60 Japanese nationals were arrested last night in a raid by the National Bureau of Investigation (NBI) 7 in a call center in IT Park in Lahug, Cebu City.
The company’s employees and officers were served a search warrant for allegedly working without an employment permit for non-resident aliens.
The Japan Intertrade Call Center Corporation (JICC) has been operating for five years at the TGU Tower.
More than 100 Japanese nationals work in the company, but only those who were around when the NBI arrived were rounded up, said NBI-7 Assistant Director Augusto Eric Isidoro.
The call center occupies part of the fifth floor of TGU Tower, one of the biggest structures in IT Park with 15 stories for lease or rent, mostly to call centers. The building built by Innoland Development Corp.
Locators in the IT Park, a special economic zone, enjoy tax holidays and other government incentives, as buildings or companies accredited with the Philippine Economic Zone Authority (PEZA)
The NBI with two witnesses applied for the warrant issued by Executive Judge Monalila Tecson of the Cebu City Trial Court last September 10.
The warrant said there was probable cause to believe that the subjects of the raid violated Article 40 in relation to Article 302 of the Labor Code or Presidential Decree 442.
The warrant was issued against Japanese nationals Eiichi Chiba, Megumi Nagayama, Shota Shimizu, Yuko Tsushima, Naotaka Yahagi, Eisuke Gotoh, Yumi Nakamura, Kaori Yonai, Sayuri
Marusugi and Toshikawa Taketumi and “officers, lessees, employees and occupants” of the company in Room 503-C of TGU Tower.
The search warrant authorized the seizure of cash and payroll vouchers, employment contracts, records and immigration documents, including passports and extension visas, and computers sets and accessories.
“We received information regarding Japanese nationals working here without the necessary alien permit from the Department of Labor and Employment, a violation of PD 442 specifically for alien employment,” said Isidoro.
Under the Labor Code, “any alien seeking admission to the Philippines for employment purposes and any domestic or foreign employer who desires to engage an alien for employment in the Philippines shall obtain an employment permit from the Department of Labor.”
Surveillance of the Japanese nationals was coordinated with the Bureau of Immigration. Isidoro said two representatives of Department of Labor and Employment (DOLE) 7 were present during the raid but the foreigners failed to present their Alien Employment Permit (AIP).
“The business itself is legal, they just don’t have the alien employment permit. We are also checking their business permits,” said Isidoro, who described the company as a service provider operating like a call center.
The violation is penalized with three months to three years imprisonment, and a fine of P1,000 to P10,000.
“We will file a case for violation of the Labor Code. If they are convicted, they will be automatically deported without administrative proceedings,” said Isodoro.
The arrested were taken into custody by the NBI-7 which has the documents for safekeeping. The computers used in the company were sealed as evidence to be turned over to the court within 48 hours.