6/7/2020
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The liability of the principal/employer and the recruitment/placement agency
for any and all claims under this section shall be joint and several. This
provision shall be incorporated in the contract for overseas employment and
shall be a condition precedent for its approval. The performance bond to be
filed by the recruitment/placement agency, as provided by law, shall be
answerable for all money claims or damages that may be awarded to the
workers. If the recruitment/placement agency is a juridical being, the
corporate officers and directors and partners as the case may be, shall
themselves be jointly and solidarity liable with the corporation or partnership
for the aforesaid claims and damages.
The aforequoted provision is plain and clear, the joint and several liability of the
principal/employer, recruitment/placement agency, and the corporate officers of the
latter, for the money claims and damages of an overseas Filipino worker is absolute and
without qualification. It is intended to give utmost protection to the overseas Filipino
worker, who may not have the resources to pursue her money claims and damages
against the foreign principal/employer in another country. The overseas Filipino worker
is given the right to seek recourse against the only link in the country to the foreign
principal/employer, i.e., the recruitment/placement agency and its corporate officers.
As a result, the liability of SAENCO, as principal/employer, and petitioner PTCPI, as
recruitment/placement agency, for the monetary awards in favor of respondent, an
illegally dismissed employee, is joint and several. In turn, since petitioner PTCPI is a
juridical entity, petitioner Moldes, as its corporate officer, is herself jointly and solidarity
liable with petitioner PTCPI for respondent's monetary awards, regardless of whether
she acted with malice or bad faith in dealing with respondent.
WHEREFORE, premises considered, the Petition for Review on Certiorari is
PARTIALLY GRANTED. The assailed Decision dated November 27, 2009 of the Court
of Appeals is AFFIRMED with MODIFICATIONS. For the illegal dismissal of
respondent Desiree T. Masagca, petitioners Princess Talent Center Production, Inc. and
Luchi Singh Moldes, together with Saem Entertainment Company, Ltd., are ORDERED
to jointly and severally pay respondent the following: (a) US$1,800.00, representing
respondent's salaries for the unexpired portion of her extended Employment Contract,
subject to legal interest of 12% per annum from June 2004 to June 30, 2013 and 6%
per annum from July 1, 2013 to the date that this Decision becomes final and
executory; (b) reimbursement of respondent's placement fees with 12% interest per
annum from June 2004 to the date that this Decision becomes final and executory; and
(c) attorney's fees equivalent to 10% of the total monetary award. The order for
payment of respondent's salaries from September 2003 to May 2004 is DELETED. All
the monetary awards herein to respondent shall earn legal interest of 6% per annum
from the date that this Decision becomes final and executory until full satisfaction
thereof.
SO ORDERED.
Sereno, C. J., (Chairperson), on leave.
Jardeleza, and Tijam, JJ., concur.
Del Castillo, J., on leave.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64155
24/27
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