the contract and (c) cause of the obligation.[23] Based on the perfected contract, Private
Respondent Guerrero complied with his obligations thereunder and rendered his
services on board the vessel. Contrary to petitioners contention, the contract had an
object, which was the rendition of service by private respondent on board the vessel.
The non-deployment of the ship overseas did not affect the validity of the perfected
employment contract. After all, the decision to use the vessel for coastwise shipping
was made by petitioner only and did not bear the written conformity of private
respondent. A contract cannot be novated by the will of only one party. [24] The claim of
petitioner that it processed the contract of private respondent with the POEA only after
he had started working is also without merit. Petitioner cannot use its own misfeasance
to defeat his claim.
Petitioner, as manning agent, is jointly and severally liable with its principal, [25] PCSASCO, for private respondents claim. This conclusion is in accordance with Section 1
of Rule II of the POEA Rules and Regulations.[26] Joint and solidary liability is meant to
assure aggrieved workers of immediate and sufficient payment of what is due
them.[27] The fact that petitioner and its principal have already terminated their agency
agreement does not relieve the former of its liability. The reason for this ruling was given
by this Court in Catan National Labor Relations Commission,[28] which we reproduce in
part as follows:
This must be so, because the obligations covenanted in the [manning] agreement
between the local agent and its foreign principal are not coterminus with the term of
such agreement so that if either or both of the parties decide to end the agreement, the
responsibilities of such parties towards the contracted employees under the agreement
do not at all end, but the same extends up to and until the expiration of the,
employment contracts of the employees recruited and employed pursuant to the said
recruitment agreement. Otherwise, this will render nugatory the very purpose for
which the law governing the employment of workers for foreign jobs abroad was
enacted.
[29]
WHEREFORE, the assailed Resolutions are hereby SET ASIDE, and the
September 10, 1998 NLRC Decision REINSTATED andAFFIRMED. Costs against
petitioner.
SO ORDERED.
Puno, (Chairman), Sandoval-Gutierrez, and Carpio-Morales, JJ., concur.
Corona, J., on leave.
[1]
Rollo, Vol. I, pp. 14-23.
[2]
Id., p. 89. Written by Justice Renato C. Dacudao, member of the Special Tenth Division; concurred in
by Justice Ma. Alicia Austria-Martinez (now SC justice and Division chairman) and Justice
Rodrigo V. Cosico (acting member).