6/7/2020
E-Library - Information At Your Fingertips: Printer Friendly
Thus, the rule is that the release of one solidary debtor redounds to the benefit of the
others.[61] Considering that petitioner is solidarily liable with TEMMPC and TMCL, we
hold that the Release and Quitclaim executed by respondents in favor of TEMMPC and
TMCL redounded to petitioner's benefit. Accordingly, the liabilities of petitioner under
Section 20(A)(l) and (4)(c) of the POEA-SEC to respondents are now deemed
extinguished. We emphasize, however, that this pronouncement does not foreclose the
right of reimbursement of the solidary debtors who paid (i.e., TEMMPC and TMCL) from
petitioner as their co-debtor.
II. Liability under the Personal Accident Policies.
The NLRC has jurisdiction over the claim on the Personal Accident Policies.
We find that the CA correctly upheld the NLRC's jurisdiction to order SSSICI to pay
respondents the value of the proceeds of the Personal Accident Policies.
The Migrant Workers and Overseas Filipinos Act of 1995 gives the Labor Arbiters of the
NLRC the original and exclusive jurisdiction over claims arising out of an employeremployee relationship or by virtue of any law or contract involving Filipino workers for
overseas deployment, including claims for actual, moral, exemplary and other forms of
damage. It further creates a joint and several liability among the principal or employer,
and the recruitment/placement agency, for any and all claims involving Filipino workers,
viz:
SEC. 10. Money Claims. - Notwithstanding any provision of law to the
contrary, the Labor Arbiters of the National Labor Relations
Commission (NLRC) shall have the original and exclusive jurisdiction
to hear and decide, within ninety (90) calendar days after the filing of the
complaint, the claims arising out of an employer-employee relationship or
by virtue of any law or contract involving Filipino workers for
overseas deployment including claims for actual, moral, exemplary and
other forms of damages. Consistent with this mandate, the NLRC shall
endeavor to update and keep abreast with the developments in the global
services industry.
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 solidarily liable with the corporation or partnership
for the aforesaid claims and damages. x x x (Emphasis supplied.)
In Finman General Assurance Corp. v. Inocencio,[62] we upheld the jurisdiction of the
POEA to determine a surety's liability under its bond. We ruled that the adjudicatory
power to do so is not vested with the Insurance Commission exclusively. The POEA
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/62118
10/18