E-Library - Information At Your Fingertips: Printer Friendly 2 of 7 http://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/58301 damages arising from employment relations was clearly within its jurisdiction. On 13 February 2004, the National Labor Relations Commission (NLRC) granted petitioner's appeal and reversed the Labor Arbiter's Order. The NLRC held that considering no employer-employee relationship existed between the parties, the POEA had jurisdiction over the case. The claim for non-deployment was administrative in character, and sanctions may be imposed by the POEA.[8] Respondent consequently filed a Petition for Certiorari with the CA questioning the ruling of the NLRC. On 17 March 2006, the CA granted the Petition. It pointed out that Section 10 of the Labor Code provides that the jurisdiction of the Labor Arbiter includes claims arising by virtue of any law or contract involving Filipino workers for overseas deployment, including claims for actual, moral, exemplary and other forms of damages. Meanwhile, the POEA has jurisdiction over pre-employment cases that are administrative in character. Thus, respondent's Complaint was reinstated.[9] After the parties submitted their respective Position Papers, the Labor Arbiter ordered petitioner to pay respondent his salary for nine months in the amount of USD 10,071. The Labor Arbiter found that the contract executed between the parties and the non-fulfillment thereof entitled respondent to his salary for the whole duration of the contract. However, the arbiter did not find bad faith, which would have merited the award of moral damages.[10] This Decision prompted petitioner to appeal to the NLRC. On 11 March 2009, it held that respondent's non-deployment was due to a valid exercise of the foreign principal's management prerogative, which should be given due respect. Thus, the NLRC dismissed the Complaint, but ordered petitioner "to comply with our directive to deploy respondent as soon as possible or face the inevitable consequences."[11] Dissatisfied with the NLRC's ruling, respondent filed a Petition for Certiorari with the CA. On 3 December 2010, it granted the Petition and held that the NLRC committed grave abuse of discretion by holding that the able seaman's promotion was a valid management prerogative. The CA further ruled that since respondent had already been hired for the same position, then there was no longer any vacant position to which to promote the able seaman. Moreover, under the POEA Rules, petitioner assumed joint and solidary liability with its foreign principal, and was thus liable to respondent. It thus found the NLRC's Decision to be contrary to law and prevailing jurisprudence. Finally, the CA ruled that NLRC's Order for petitioner "to deploy respondent as soon as possible or face inevitable consequences" was "nonsensical" considering that the controversy arose from way back in 2002, and that the assailed Order was issued in 2009.[12] The CA likewise denied the Motion for Reconsideration filed by petitioner. Hence, this Petition. 3/27/2020, 1:05 PM

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