This petition for review assails the Resolutions dated 29 October 1999[1] and
6 March 2000[2] of the Court of Appeals in CA-G.R. SP No. 55119. The Court of
Appeals dismissed the petition for certiorari filed by petitioner Arturo M. Romero
(Romero) questioning the Resolutions dated 12 March 1999 and 31 May 1999 of
the National Labor Relations Commission (NLRC).
The Antecedent Facts
On 3 July 1995, Hadi Haider & Bros. Co. (HHBC) hired Romero and deployed
him to Saudi Arabia. In October of 1995, HHBC sent back Romero to the
Philippines to recruit workers for deployment to Syria. According to Romero,
HHBC did not remit his full salary for the period beginning October to December
1995. Romero thus requested for the differential. Instead of receiving his salary
differential, Romero received on 6 March 1996 a notice from HHBC terminating
his employment as of 19 February 1996. HHBC further instructed Romero to cease
recruiting workers in Manila and to return to Saudi Arabia.
Instead of returning to Saudi Arabia, Romero filed a complaint for illegal dismissal
against HHBC before the Labor Arbiter. Romero likewise impleaded in his
complaint CBM International Manpower Services (CBM), the local recruiter, and
its owner Elpidio Tan.
In its Answer, CBM alleged that Romero has no cause of action against it because
it was not the agency responsible for deploying Romero to Saudi Arabia.
In a Decision[3] dated 27 April 1998, the Labor Arbiter ruled that Romero failed to
establish that CBM processed his employment papers and was responsible for his
deployment to Saudi Arabia. Hence, the Labor Arbiter dismissed Romeros
complaint for lack of merit:
Nowhere in the records of the case, specially in the evidence presented by the
complainant, would show or establish the fact that it was the respondent agency
which processed the employment papers and was therefore responsible for his