American sued for illegal business operation

An American national was charged before the Office of the Cebu City Prosecutor for allegedly operating a call center company even without a valid permit.

Jason Jeremiah Gentry is facing charges for violation of Article 40 in relation to Article 302 of Presidential Decree 442 or the Labor Code of the Philippines filed by the National Bureau of Investigation-7 yesterday afternoon.

The Labor Code provides that “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.”

Gentry, who has been reportedly operating a call center without an Alien Employment Permit (AEP) from the Department of Labor and Employment, was arrested by the NBI operatives Saturday midnight.

He was caught in the act of conducting an interview with a job applicant inside his office in Integricall BPO along Don Gil Garcia Street in Barangay Capitol Site, Cebu City. Call center agents were also reportedly working at that time.

The operation stemmed from a complaint filed by another business process outsourcing (BPO) company owner and Gentry’s former employer against him.

Based on the judicial affidavit of the arresting NBI agents, Oscar Razzour of Avatar Technologies, Incorporated requested the NBI-Western Visayas Regional Office in Iloilo City to investigate Gentry for violation of non-disclosure and non compete provisions of the latter’s contract with his former employer and for violation of the national laws.

The NBI-6 coordinated with NBI-7 in conducting the investigation.

Upon surveillance, the NBI-7 operatives obtained a certification from the regional labor department and found out that Gentry has not been issued an AEP.

After the investigation, the NBI applied for a search warrant from Judge Samuel Malazarte of the Regional Trial Court Branch 15 in Cebu City.

During the operation, Gentry reportedly failed to present any permit and even voluntarily admitted he did not have the authority from DOLE.

The NBI operatives seized several employment contracts of his workers and other business-related documents inside his office.

Gentry, who was brought before Prosecutor Alex Gabud for inquest proceedings, refused to comment on the allegations against him.