5/3/2021
E-Library - Information At Your Fingertips: Printer Friendly
was that of Travelers Insurance Corporation.
On appeal, respondent NLRC vacated the decision of the POEA and dismissed
petitioner's complaint mainly on the ground that there was no employer-employee
relationship between the parties. The NLRC ratiocinated as follows:
"At the outset, we note that the record is bereft of any showing that
complainant applied with the respondent agency as a job applicant and
subsequently entered into an overseas contract with the latter which was
later processed and approved by the POEA. X x x What appears is that
complainant used the agency as a stepping stone to enter Singapore as a
tourist and obtain employment thereat on his own. This is evidenced by
Annexes "A-1" to "H" of Complainant's Reply (See pp. 65-72, record) which
purports to show that the batch of complainant was obligated to pay back
respondent Jose Cayanan the expenses for their deployment. No less than
the POEA noted that the respondent agency "is a service contractor and is
not authorized to deploy fishermen." Based on this fact, the respondent
agency could not have deployed complainant as an overseas contract
worker. What is apparent is that it obtained a tourist passport and plane
ticket for complainant as a travel agent on a clearly "fly now pay later" plan.
We cannot rely on the employment agreements and checks (See pp. 66-67,
record) presented by complainant to show proof of employment relations
considering that his name does not appear in any of the documents, hence
they are merely hearsay."[12]
In reversing the POEA's finding, respondent NLRC gave considerable weight to the Joint
Affidavit of Natura and Balucas.
Unsatisfied, petitioner filed a motion for reconsideration but was denied.
Petitioner now comes to this Court via a petition for certiorari, imputing grave abuse of
discretion to public respondent NLRC. He asserts that private respondents were the
ones who deployed him to Singapore to work as fisherman; and that, respondent
NLRC's conclusion that respondent JEAC was a mere "travel agency" and petitioner, a
mere tourist, has no basis in fact and in law.
For their part, private respondents maintain that respondent NLRC did not commit
grave abuse of discretion when it set aside the decision of the POEA, since petitioner
failed to show any POEA record or document to prove that they deployed him to work
in Singapore. Neither did he present a Special Power of Attorney to prove that Step-Up
Agency authorized private respondents to recruit and deploy contract workers in its
behalf nor an Affidavit of Responsibility to show that they (private respondents and
Step-Up Agency) assumed solidary liability to petitioner.[13] Private respondents
likewise insist that the photocopies of the PNB checks and agreements are hearsay
and inadmissible in evidence.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/52737
3/11