parties to those agreements. The provisions of the POEA Rules and Regulations
are clear enough that the manning agreement extends up to and until the expiration
of the employment contracts of the employees recruited and employed pursuant to
the said recruitment agreement. Hence, despite the execution of the
aforementioned affidavits, petitioner Skippers United Pacific Inc. cannot exempt
itself from the liabilities and responsibilities towards the respondents.
WHEREFORE, premises considered, the instant Petition is DENIED. The
Decision and Resolution of the Court of Appeals dated 27 July 2004 and 14
December 2004, respectively, in CA-G.R. SP No. 80651, finding that respondents
had been illegally dismissed and that petitioners failed to comply with the twonotice requirement of due process in effecting a valid dismissal, are
hereby AFFIRMED with MODIFICATION. The petitioners Skippers United
Pacific, Inc. and J.P. Samartzsis Maritime Enterprises Co., S.A. are hereby
ORDERED,
jointly
and
severally,
to
pay
respondents
Jerry Maguad and Porferio Ciudadano the amount of their salaries corresponding
to the unexpired portion of their employment contract. Costs against petitioners.
SO ORDERED.
MINITA V. CHICO-NAZARIO
Associate Justice
WE CONCUR:
ARTEMIO V. PANGANIBAN
Chief Justice
Chairperson
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents