4/16/2021
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thereafter not paid at the increased rate.
As to contract substitution in the second part, a third contract was
emphatically intended by respondent to be signed by complainants which,
however, was not consummated due to the adamant refusal of complainants
to sign thereon. Mere intention of the respondent to commit contract
substitution for a second time should not be left unpunished. It is the duty
of this Office to repress such acts by teaching agencies a lesson to avoid
repetition of the same violation."[31]
With respect to the third ground, petitioner argues that the public respondent
committed grave abuse of discretion in holding petitioner liable for illegal
deductions/withholding of salaries considering that the Supreme Court itself has
already absolved petitioner from this charge. Petitioner premises its argument on the
fact that the July 26, 1989 Decision of the NLRC absolving it from private respondent
de Mesa's claim for salary deduction has already attained finality by reason of the
dismissal of private respondents' petition for certiorari of the said NLRC decision by the
Supreme Court.
Petitioner is correct in stating that the July 26, 1989 Decision of the NLRC has attained
finality by reason of the dismissal of the petition for certiorari assailing the same.
However, the said NLRC Decision dealt only with the money claims of private
respondents arising from employer-employee relations and illegal dismissal and as
such, it is only for the payment of the said money claims that petitioner is absolved.
The administrative sanctions, which are distinct and separate from the money claims of
private respondents, may still be properly imposed by the POEA. In fact, in the August
31, 1988 Decision of the POEA dealing with the money claims of private respondents,
the POEA Adjudication Office precisely declared that "respondent's liability for said
money claims is without prejudice to and independent of its liabilities for the
recruitment violations aspect of the case which is the subject of a separate Order."[32]
The NLRC Decision absolving petitioner from paying private respondent de Mesa's claim
for salary deduction based its ruling on a finding that the said money claim was not
raised in the complaint[33]. While there may be questions regarding such finding of the
NLRC, the finality of the said NLRC Decision prevents us from modifying or reviewing
the same. But the fact that the claim for salary deduction was not raised by private
respondents in their complaint will not bar the POEA from holding petitioner liable for
illegal deduction or withholding of salaries as a ground for the suspension or
cancellation of petitioner's license.
Under the POEA Rules and Regulations, the POEA, on its own initiative, may conduct
the necessary proceeding for the suspension or cancellation of the license of any
private placement agency on any of the grounds mentioned therein.[34] As such, even
without a written complaint from an aggrieved party, the POEA can initiate proceedings
against an erring private placement agency and, if the result of its investigation so
warrants, impose the corresponding administrative sanction thereof. Moreover, the
POEA, in an investigation of an employer-employee relationship case, may still hold a
respondent liable for administrative sanctions if, in the course of its investigation,
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