6/5/2020
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x x x Joint and solidary liability is meant to assure aggrieved workers of
immediate and sufficient payment of what is due them. The fact that
petitioner and its principal have already terminated their agency agreement
does not relieve the former of its liability. The reason for this ruling was
given by this Court in Catan vs. National Labor Relations Commission, which
we reproduce in part as follows:
This must be so, because the obligations covenanted in the
[manning] agreement between the local agent and its foreign
principal are not coterminous with the term of such agreement so
that if either or both of the parties decide to end the agreement,
the responsibilities of such parties towards the contracted
employees under the agreement do not at all end, but the same
extends up to and until the expiration of the, employment
contracts of the employees recruited and employed pursuant to
the said recruitment agreement. Otherwise, this will render
nugatory the very purpose for which the law governing the
employment of workers for foreign jobs abroad was enacted.
Although JDA Inter-Phil undertook in the meeting of October 1, 1998 to assume the
responsibility as the local agent to Baleen Marine, the actual transfer of the
accreditation would not be completed without JDA Inter-Phil's compliance with the
requirements under the aforementioned rules. What actually happened between the
time the meeting took place and the eventual withdrawal of the application by the JDA
Inter-Phil remained to be mere conjecture. Nevertheless, Madrio and Rubiano should
not be prejudiced by any purported transfer of accreditation or agreement that they
were not privy to. For sure, Pentagon remained under the law the only recognized
manning agent of Baleen Marine.
WHEREFORE, the Court AFFIRMS the decision promulgated on May 27, 2005 by the
Court of Appeals in CA-G.R. SP No. 88301; and ORDERS the petitioner to pay the costs
of suit.
SO ORDERED.
Sereno, C. J., Leonardo-De Castro, Perez, and Perlas-Bernabe, JJ., concur.
[1] Rollo, pp. 65-80, penned by Associate Justice Danilo B. Pine (retired), and concurred
in by Associate Justice Rodrigo V. Cosico (retired), and Associate Justice Arcangelita
Romilla-Lontok (retired).
[2] Id. at 285-289 and 71, respectively.
[3] Id. at 35.
[4] Id. at 66.
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