5/28/2020
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WHEREFORE, prescinding from the foregoing considerations, respondents
Petra Agency/Royal [Dream] International Services/Consolacion “Marla”
Nahas are hereby jointly and severally ordered to pay the complainant her
unpaid salaries for eight (8) months in the amount of US$1,600.00; three
(3) months salary of the unexpired portion of the contract in the amount
[of] US$600.00; moral damages in the amount of P100,000.00 and
exemplary damages amounting to P50,000.00 and attorney’s fees equivalent
to ten (10%) percent of the total monetary awards.
SO ORDERED.[12]
Nahas appealed to the NLRC.
Ruling of the National Labor Relations Commission
In her Memorandum of Appeal,[13] Nahas recanted her earlier admission that Olarte
went to PETRA as a walk-in applicant sometime in May 1999, claiming that the same
was a mistake. She asserted that Olarte could not have possibly applied with PETRA
during that time as the latter was issued a license by the POEA only on July 16, 1999.
Moreover, Fahad was not one of PETRA’s accredited foreign employers.
To further avoid personal liability, Nahas denied involvement in Olarte’s deployment.
She made a new allegation, though, i.e., that if at all, her only involvement was that
she interviewed Olarte when she was still connected with Royal Dream as a mere
employee. Even with this participation, she averred that she could not be made liable
for Olarte’s claims because she was neither the owner nor an officer of Royal Dream.
Lastly, while Nahas was quick in passing the buck to Royal Dream she nevertheless
stressed that no summons was served upon the latter. Thus, the Labor Arbiter’s
Decision is not binding on it.
The NLRC, however, was not persuaded and disposed of the case in its Decision[14] of
February 28, 2003 as follows:
The facts of this case are never disputed by herein appellants, and as such
they are now the law of the case. Records will disclose, as admitted by the
herein parties that it was with respondent PETRA that complainant applied
for overseas employment as domestic helper. It was respondent Nahas
herself who interviewed complainant and in all probability furnished her all
the requisite[s] for her deployment. All along she (Nahas) represented [to
be the owner of] and [was connected] with both PETRA and Royal Dream to
facilitate her deployment. In fact complainant was successfully deployed by
Royal Dream as represented to by Nahas. Obviously, complainant’s overseas
employment was made possible by respondent[’]s agencies, thru the efforts
of [respondent] Nahas.
While it was claimed by PETRA that the application of complainant was
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