6/5/2020
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FAITH OF PRIVATE RESPONDENT JDA WHEN IT DELIBERATELY AND
MALICIOUSLY REFUSED TO COMPLY WITH THE ACCREDITATION
REQUIREMENTS.
C. THE COURT OF APPEALS IGNORED THE LEGAL IMPLICATIONS OF THE
AGREEMENT DATED OCTOBER 9, 1998.[15]
Pentagon assails the CA's overturning of the congruent findings of the Labor Arbiter and
the NLRC to the effect that it could not be held solidarily liable with Baleen Marine for
the money claims and other benefits of Madrio and Rubiano, insisting that the minutes
of the October 9, 1998 meeting partook of the nature of the agreement required by law
to effectively transfer the agency and the corresponding liability to JDA Inter-Phil.
In contrast, IDA Inter-Phil contends that it could not be held liable for the money claims
and other benefits of Madrio and Rubiano because it had withdrawn its application in
the POEA.
It appears on record that neither Pentagon nor IDA Inter-Phil disputed the money
claims and other benefits of Madrio and Rubiano; instead, they were simply passing the
liability for the claims to each other.
The pivotal issue is whether there was a valid substitution of the manning agent from
Pentagon to IDA Inter-Phil.
Ruling of the Court
We deny the petition for review for its lack of merit.
To determine the pivotal issue, we review the guidelines set by law in the accreditation
of a principal by a manning agency. Rule I, Book III of the Rules and Regulations
Governing Overseas Employment states the following:
Section 2. Requirements for Accreditation. An agency applying for the
accreditation of its principals or projects shall submit the following:
xxxx
b. For a Manning Agency for its Principals
(1) Authenticated special power of attorney and manning
agreement;
(2) Crew complement and wages;
(3) List of vessels and their particulars; and
(4) Other
necessary.
documents
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61082
which
the
Administration
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