5/3/2021 E-Library - Information At Your Fingertips: Printer Friendly 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 7/11

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