That issue was squarely resolved in the case of MC Engineering, Inc. v.
NLRC.[32] As in this case, the Court of Appeals had dismissed a special civil action
for certiorari on account of the failure of the foreign principal to execute a separate
verification and certification against forum shopping from that submitted by the
local private employment agency. The holding of the Court in MC
Engineering may very well apply to this case, thus:
In the case at bar, the petition for certiorari filed by petitioners before the
Court of Appeals contains a certification against forum shopping. However, the
said certification was signed only by the corporate secretary of petitioner MCEI.
No representative of petitioner Hanil signed the said certification. As such, the
issue to be resolved is whether or not a certification signed by one but not all
of the parties in a petition constitutes substantial compliance with the
requirements regarding the certification of non-forum shopping.
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In the case at bar, the Court of Appeals should have taken into
consideration the fact that petitioner Hanil is being sued by private respondent
in its capacity as the foreign principal of petitioner MCEI. It was petitioner
MCEI, as the local private employment agency, who entered into contracts with
potential overseas workers on behalf of petitioner Hanil.
It must be borne in mind that local private employment agencies,
before they can commence recruiting workers for their foreign principal,
must submit with the POEA a formal appointment or agency contract
executed by the foreign based employer empowering the local agent to sue
and be sued jointly and solidarily with the principal or foreign-based
employer for any of the violations of the recruitment agreement and contract
of employment. Considering that the local private employment agency may
sue on behalf of its foreign principal on the basis of its contractual
undertakings submitted to the POEA, there is no reason why the said agency
cannot likewise sign or execute a certification of non-forum shopping for its
own purposes and/or on behalf of its foreign principal.
It must likewise be stressed that the rationale behind the requirement that
the petitioners or parties to the action themselves must execute the certification of
non-forum shopping is that the said petitioners or parties are in the best position to
know of the matters required by the Rules of Court in the said certification. Such
requirement is not circumvented and is substantially complied with when, as
in this case, the local private employment agency signs the said certification
alone. It is the local private employment agency, in this case petitioner
MCEI, who is in the best position to know of the matters required in a
certification of non-forum shopping.[33]