consequently worked in conjunction with petitioner in processing private respondents
deployment.iv[4]
On October 13, 1989, Deputy Administrator Cresencio M. Siddayao of the POEA
rendered a decision disposing of the case as follows:
WHEREFORE, in view of the foregoing, Prime Marine Services, Inc., R & R
Management Services, Intl and Arabian Gulf Mechanical Services and
Contracting Co. Ltd., are hereby ordered, jointly and severally, to pay
complainant the following in Philippines Currency at the prevailing rate of
exchange at the time of payment:
SR 33,750.00 - representing salaries for the unexpired portion of
the contract for 15 months at SR 2,250.00 a
month;
350.00 - representing salary differential;
5% percent Attorneys fees of the award.
Furthermore, R & R Management Services International is referred to the Antiillegal Recruitment Branch of this Office for appropriate action.
Finally, the cross claim of Prime Marine Services, Inc. against R & R
Management Services International is dismissed for lack of merit.
SO ORDERED.
Petitioner filed a motion for reconsideration with the National Labor Relations
Commission which the latter treated as an appeal. In its decision, dated February 21,
1991, the NLRC affirmed in toto the POEAs decision. On March 26, 1991, it denied
petitioners motion for reconsideration. Hence, this petition containing the following
assignment of errors:
I.
Public respondent NLRC and/or POEA committed grave abuse of
discretion when they ignored existing jurisprudence.
II.
Dismissal of the cross-claim (against private respondent R & R
Management) constitutes also grave abuse of discretion.
As to its first assignment of error, petitioner contends that the ruling of the NLRC goes
against this Courts decision in Ilas v. NLRC.v[5]
The contention has no merit. The case of Ilas simply held that a recruitment agency
cannot be found liable for unpaid wages and other claims of overseas workers who
have been recruited by its agent without its knowledge and consent. The Courts ruling
denying liability against the recruitment agency (All Seasons Manpower International
Services) was based on the following factual findings of the POEA and the NLRC, which
the Court affirmed: