ACCORDINGLY,
the
petition
is
hereby DENIED
DUE
COURSE and DISMISSED.
SO ORDERED.
(Emphasis on words in capital letters in the original; emphasis on words in
small letters and underscoring supplied)
[17]
Its Motion for Reconsideration having been denied by the appellate court by
Resolution of January 14, 2004, Sunace filed the present petition for review on
certiorari.
The Court of Appeals affirmed the Labor Arbiter and NLRC’s finding that
Sunace knew of and impliedly consented to the extension of Divina’s 2-year
contract. It went on to state that “It is undisputed that [Sunace] was continually
communicating with [Divina’s] foreign employer.” It thus concluded that “[a]s
agent of the foreign principal, ‘petitioner cannot profess ignorance of such
extension as obviously, the act of the principal extending complainant (sic)
employment contract necessarily bound it.’”
Contrary to the Court of Appeals finding, the alleged continuous
communication was with the Taiwanese broker Wang, not with the foreign
employer Xiong.
The February 21, 2000 telefax message from the Taiwanese broker to
Sunace, the only basis of a finding of continuous communication, reads verbatim:
[18]
xxxx
Regarding to Divina, she did not say anything about her
saving in police station. As we contact with her employer, she
took back her saving already last years. And they did not deduct
any money from her salary. Or she will call back her employer to
check it again. If her employer said yes! we will get it back for
her.
Thank you and best regards.
(sgd.)
Edmund Wang
President
[19]