him for such a procedure as precisely, there was no job order as far
as Wallan Al Wallan’s company was concerned.
Respondent Skills International also denies having facilitated petitioner’s
deployment
as
an
alleged balik-manggagawa as
petitioner’s BalikManggagawa Information Sheet does not indicate the name of any local placement
or
recruitment
agency. Moreover,
on 19
June
1998,
POEA
[22]
Administrator Felicisimo Joson issued an Order, the pertinent portion of which
reads:
The issue posed for Our resolution is whether or not the respondent
agency (herein respondent) should be held liable for withholding worker’s salaries
should be resolved in the negative. As discussed, complainant (herein petitioner)
was hired directly by his employer and the respondent agency had no participation
whatsoever in his overseas employment. Wanting in factual and legal [bases], the
charged offense must be dismissed.
WHEREFORE, premises considered, let the instant case be, as it is hereby
ordered DISMISSED for lack of merit.[23]
Respondent Skills International also insists that it did not receive placement
fee from petitioner for the simple reason that it did not deploy him to work abroad
for Wallan Al Wallan and that only petitioner and said employer are the ones privy
to the circumstances surrounding the alleged salary deductions committed by the
latter.
The petition must fail.
At the outset, it must be stressed that the resolution of the issue of whether
respondent Skills International could be heldsolidarily liable for the alleged illegal
dismissal of petitioner necessarily hinges on the primordial question of whether
respondent Skills International was the one responsible for his deployment
abroad. This indubitably raises a question of fact which is not a proper subject of a
Petition for Review on Certiorari. It is axiomatic that in an appeal by certiorari,
only questions of law may be reviewed.[24]