Case Digest (G.R. No. 74610-11)
Facts:
Alga Moher International Placement Services v. Hon. Diego P. Atienza, Cleto T. Villatuya, Geronimo Q. Quadra, as Commissioners of the National Labor Relations Commission, First Division; Hon. Patricia A. Sto. Tomas as Administrator of the Philippine Overseas Employment Administration; and Ramon C. Ponce and Claudio M. Miraflor, G.R. No. 74610-11, September 30, 1988, Supreme Court First Division, Medialdea, J., writing for the Court.Petitioners are Alga Moher International Placement Services (petitioner), a licensed recruitment and placement agency, and Modern System Contracting Establishment (respondent in the underlying administrative proceedings). Private respondents are Ramon C. Ponce and Claudio M. Miraflor, who contracted for overseas employment and later filed complaints. The administrative respondent is Patricia A. Sto. Tomas, Administrator of the Philippine Overseas Employment Administration (POEA); the National Labor Relations Commission (NLRC) First Division (Hon. Diego P. Atienza, Cleto T. Villatuya, Geronimo Q. Quadra) acted as the appellate labor forum.
In March 1981 Ponce and Miraflor entered into separate two‑year employment contracts with Modern System through Alga Moher and paid Alga Moher P3,000 each as placement fees. Ponce was engaged as driver of light equipment (US$250 basic + US$75 allowance) and Miraflor as an airconditioning technician (US$600 basic + US$75 allowance). Both were interviewed and selected personally by Dr. Lajili Salah, Modern System’s representative. They left for Saudi Arabia on March 31, 1981.
After brief initial work in their contracted trades (about two weeks), both were reassigned to work as construction workers (Ponce also worked as cook and heavy equipment operator). They reported these reassignments to Alga Moher, and Modern System soon terminated their contracts, detained them for one week, repatriated them, and released their passports, tickets and May salaries from which US$100 (Ponce) and US$200 (Miraflor) had been deducted.
Upon return to the Philippines, Ponce and Miraflor filed separate complaints with the POEA for illegal dismissal, illegal deduction from wages, illegal exaction and breach of contract (BES Case Nos. 81‑1206 and 81‑1202), which were consolidated. On August 7, 1984 the POEA rendered a joint decision awarding Ponce US$5,500 (equivalent in pesos) and Miraflor US$6,600 (equivalent in pesos) for unexpired salaries plus ten percent attorney’s fees each. Modern System and Alga Moher appealed to the NLRC, which affirmed the POEA decision in a March 10, 1986 decision and denied reconsideration in a May 2, 1986 resolution.
Only Alga Moher filed the instant petition with the Court seeking annulment of ...(Subscriber-Only)
Issues:
- Did Alga Moher International Placement Services negotiate the employment contracts of Ramon C. Ponce and Claudio M. Miraflor, thereby making it jointly and solidarily liable with the foreign employer?
- Were Ponce and Miraflor illegally dismissed from their overseas employment?
- Should Article 280 of the Labor Code be applied in computing the monetary benefits awarded to ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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