Case Digest (G.R. No. 253020)
Facts:
The case of Questcore, Inc. v. Melody A. Bumanglag, G.R. No. 253020, December 07, 2022, the Supreme Court Second Division, Lopez, M., J., writing for the Court, concerns whether a licensed local recruitment agency is solidarily liable with its foreign principal for an illegally dismissed overseas Filipino worker (OFW).Questcore, Inc. (petitioner) is a Philippine recruitment agency; Melody A. Bumanglag (respondent) was deployed by Questcore to work for its foreign principal, Cosmo Seafoods Ltd., in Ghana. Melody was first employed under a one‑year contract beginning May 10, 2013, was promoted and had that contract renewed successively, with the last employment agreement covering May 1, 2016 to April 30, 2017. On October 25, 2016, while her fourth contract was still in effect, Melody was terminated by Cosmo, repatriated to the Philippines, and thereafter filed a complaint before the Labor Arbiter for illegal dismissal and assorted money claims (unpaid wages, wages for unexpired contract portion, 13th month pay, cash in lieu of notice, unused leave, performance bonus, damages, and placement fee reimbursement).
The Labor Arbiter found Melody illegally dismissed and declared Questcore and Cosmo solidarily liable, awarding US$53,600 (later reflected in the arbiter’s written decision adopted in full). On appeal the National Labor Relations Commission (NLRC) affirmed with modification, deleting the performance bonus and reducing the cash‑in‑lieu award, resulting in an aggregate award of US$28,000. The Court of Appeals (CA), in CA‑G.R. SP No. 09062‑MIN, affirmed the NLRC’s ruling with modification by additionally awarding full reimbursement of Melody’s placement fee with 12% interest per annum and directing all monetary awards to earn 6% legal interest from finality. The CA denied Questcore’s motion for reconsideration in a Resolution dated July 13, 2020.
Questcore invoked lack of privity and factual non‑participation in the subsequent renewals (arguing its liability extended, if at...(Subscriber-Only)
Issues:
- May the Supreme Court, in a Rule 45 petition, disturb the CA’s factual findings on Questcore’s alleged continuing agency and its solidary liability with Cosmo?
- Was Questcore, Inc. solidarily liable with its foreign principal Cosmo Seafoods Ltd. for Melody Bumanglag’s illegal dismissal and money claims under Section 10 of Republic Ac...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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