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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 solidarily liable with the
corporation or partnership for the aforesaid claims and damages.
(Emphasis supplied)
But the Court has already held, pending adjudication of this case, that the liability of
corporate directors and officers is not automatic. To make them jointly and solidarily
liable with their company, there must be a finding that they were remiss in directing the
affairs of that company, such as sponsoring or tolerating the conduct of illegal
activities.[19] In the case of Becmen and White Falcon,[20] while there is evidence that
these companies were at fault in not investigating the cause of Jasmin’s death, there is
no mention of any evidence in the case against them that intervenors Gumabay, et al.,
Becmen’s corporate officers and directors, were personally involved in their company’s
particular actions or omissions in Jasmin’s case.
As a final note, R.A. 8042 is a police power measure intended to regulate the
recruitment and deployment of OFWs. It aims to curb, if not eliminate, the injustices
and abuses suffered by numerous OFWs seeking to work abroad. The rule is settled
that every statute has in its favor the presumption of constitutionality. The Court
cannot inquire into the wisdom or expediency of the laws enacted by the Legislative
Department. Hence, in the absence of a clear and unmistakable case that the statute
is unconstitutional, the Court must uphold its validity.
WHEREFORE, in G.R. 152642 and 152710, the Court DISMISSES the petitions for
having become moot and academic.
In G.R. 167590, the Court SETS ASIDE the Decision of the Regional Trial Court of
Manila dated December 8, 2004 and DECLARES Sections 6, 7, and 9 of Republic Act
8042 valid and constitutional.
In G.R. 182978-79 and G.R. 184298-99 as well as in G.R. 167590, the Court HOLDS
the last sentence of the second paragraph of Section 10 of Republic Act 8042 valid and
constitutional. The Court, however, RECONSIDERS and SETS ASIDE the portion of
its Decision in G.R. 182978-79 and G.R. 184298-99 that held intervenors Eufrocina
Gumabay, Elvira Taguiam, Lourdes Bonifacio, and Eddie De Guzman jointly and
solidarily liable with respondent Becmen Services Exporter and Promotion, Inc. to
spouses Simplicio and Mila Cuaresma for lack of a finding in those cases that such
intervenors had a part in the act or omission imputed to their corporation.
SO ORDERED.
Sereno, C.J., Carpio, Velasco, Jr., Leonardo-De Castro, Peralta, Del Castillo, Villarama,
Jr., Perez, Reyes, and Perlas-Bernabe, JJ., concur.
Brion, J., no part due to prior participation in related issues in a former position.
Bersamin, J., no part due to prior participation in the lower court.
Mendoza, J., no part.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55341
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