notably, that MARS had no cause of action against it. Petitioner also filed a cross-claim
against MARS which the latter never answered.
On January 12, 1993, the POEA, ruling that Macaraya had been illegally dismissed as
both her foreign employer and recruitment agency failed to prove that the dismissal was
for a just and valid cause, rendered a decision,ii[2] the dispositive portion of which reads
as follows:
WHEREFORE, judgment is hereby rendered in favor of the complainant Mohmina
Macaraya and against respondents ABD Overseas Manpower Corporation and M.S. Al
Babtain Recruitment Office, ordering the latter to pay, jointly and severally, to
complainant the following amounts:
1.
FOUR THOUSAND ONE HUNDRED THIRTEEN & 39/100 US DOLLARS
(US$4,113.39) or its equivalent in Philippine Currency at the time of payment,
representing the salaries corresponding to the unexpired portion of complainants
contract; and
2.
SIX HUNDRED EIGHTY SIX & 71/100 US DOLLARS (US$686.71) less SEVEN
HUNDRED SAUDI RIYALS (SR 700.00), or its equivalent in Philippine Currency, at the
time of actual payment, representing the salary differentials.
All other claims are dismissed for lack of merit.
The Complaint and the Cross-claim against Mars International Manpower Inc. is (sic)
likewise dismissed for lack of merit.
SO ORDERED.
On the issue of whether or not petitioner should be liable with her foreign employer for
the monetary awards, the POEA, relying on Section 6, Rule I, Book III, of the POEA
Rules, declared that:
(The r)ecords undisputably show that the foreign principal and now co-respondent M.S.
Al Babtain Recruitment Office of Saudi Arabia is presently accredited to ABD which is
valid up to 06 August 1992. This fact was established by a Certification dated 07
November 1991 issued by the Accreditation Branch, this Administration.
The Office is convinced that respondent ABD was not fully aware of the import and
consequences of transfer of accreditation it entered into and between the other
respondents, which transfer was duly registered with and approved by the Accreditation
Branch. But ignorance of the same does not serve as a valid excuse in defeating its
liability or obligation to the complainant.
As a consequence, the transferee agency, ABD, now assumes full and complete
responsibility to the contractual obligation of the principal, M.S. Al Babtain Recruitment