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On the other hand, Olarte asserts that the argument that PETRA is different from Royal
Dream is clearly an attempt on the part of Nahas, PETRA and Royal Dream to evade
liability. She stresses that it was Nahas, for and in behalf of PETRA/Royal Dream, who
performed the acts of recruitment which led to her deployment abroad; hence, all of
them should be held jointly and solidarily liable with their foreign principal.
Our Ruling
The Petition has no merit.
The Court is not a trier of facts; factual findings
of the labor tribunals when affirmed by the CA
are generally accorded not only respect, but even
finality, and are binding on this Court.
It must be stressed, at the outset, that the resolution of the issue of whether Nahas
acted for and in behalf of PETRA and/or Royal Dream in deploying Olarte abroad is a
question of fact. “Well-settled is the rule that this Court is not a trier of facts and this
doctrine applies with greater force in labor cases. Questions of fact are for the labor
tribunals to resolve. Only errors of law are generally reviewed in petitions for review on
certiorari criticizing decisions of the CA.”[22] Also “[s]ettled is the rule that the findings
of the [Labor Arbiter], when affirmed by the NLRC and the CA, are binding on the
Supreme Court, unless patently erroneous.”[23] In this case, the Labor Arbiter, the
NLRC, and the CA are one in their factual conclusion that Nahas, acting for and in
behalf of PETRA and Royal Dream, interviewed Olarte, caused her to sign an
employment contract, and facilitated and made possible her deployment abroad. The
Court is, therefore, not duty-bound to inquire into the accuracy of this factual finding,
particularly in this case where there is no showing that it was arbitrary and bereft of
any rational basis.[24]
Nahas’ inconsistent positions militate
against her case; her claim of lack
of service of summons upon Royal
Dream is likewise untenable.
The Court notes that in her quest to evade liability, Nahas introduced several conflicting
assertions. Before the Labor Arbiter, she admitted that Olarte indeed applied with
PETRA and was interviewed by her but later withdrew the application. While Nahas
intended to support this position with a document showing that Olarte requested for
the withdrawal of her application, the same was, however, never submitted. What was
instead unwittingly attached to her Position Paper was Olarte’s accomplished bio-data
bearing the letterhead of Royal Dream. This did not escape the Labor Arbiter’s attention
such that her March 20, 2002 Decision states:
x x x While [PETRA/Nahas] admits that complainant was a [walk]-in
applicant, respondent [PETRA] Agency’s claim that [Olarte] subsequently
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