5/3/2021
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arrangement between two persons who do not know each other? Note how respondent
NLRC conveniently closed its eye to the name of Victor Lim, as mentioned in the
agreements, when it ruled that Victor Lim and Step-Up Agency are indeed "total
strangers" to private respondents. We sustain the findings of the POEA, being more
convincing and supported by substantial evidence, thus:
"[C]omplainant applied at the office of respondent agency and was able to
seek employment in Singapore through Engineer Jose Cayanan, owner of
respondent agency. Complainant's allegations are supported by the Annexes
he attached to his Reply (Annexes "A" to "H"). These documents readily
show that it was not only complainant who was recruited by respondent
agency through Engr. Cayanan and as agreed upon, the expenses in going to
Singapore shall be advanced by respondents. Thus their loans payable to
Engr. Cayanan and charged against their salaries. The checks
representing the salaries of the complainant and his co-workers
show that they are drawn from the account of Lim Chang Khoo
and/or Jose Cayanan. From the foregoing, it is properly noted that
complainant's salaries were taken from the funds of respondents
which means that the latter had a hand or participated in his
recruitment and deployment.
We cannot give credence to respondents' contentions that
complainant is a total stranger to them and that MIN Fee Fishery Co.
Ltd. is not its principal, neither do we believe that respondents do
not know Mr. Victor Lim who met complainant in Singapore. Annex
"B" in respondents' position paper belies respondents' contentions.
How could respondents write to a certain Step Up Employment
Agency in Singapore, complainant's employer, when the latter is not
even mentioned in his complaint? We wonder where respondents
got the name of this employer if the same is really not known to
them.
It is very unlikely for complainant to proceed to Singapore as a
tourist without knowing anybody at the site and just to apply for
work. Had there not been previous arrangements with respondents,
it is not all possible for complainant to land on a job in Singapore
because he is only a tourist.
Respondents had to resort to this misrepresentation of allowing its recruits
to leave as tourist because it is a service contractor and it is not authorized
to deploy fishermen."[24]
Private respondents further argue that they cannot be held liable by petitioner because
no employment contract between him and Step-Up Agency had been approved by the
POEA.They also claim that the absence of a Special Power of Attorney and an Affidavit
of Responsibility, as required under Sections 1 and 2, Rule 1, Book III of the POEA
Rules and Regulations[25] only proves that they did not deploy petitioner to Singapore.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/52737
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