4/16/2021
E-Library - Information At Your Fingertips: Printer Friendly
the POEA against petitioner Philsa and its foreign principal, Al-Hejailan., with the
following causes of action:
1. Illegal dismissal;
2. Payment of salary differentials;
3. Illegal deduction/withholding of salaries;
4. Illegal exactions/refund of placement fees; and
5. Contract substitution.[4]
The case was docketed as POEA Case No. (L) 85-05-0370.
Under the rules of the POEA dated May 21, 1985, complaints involving employeremployee relations arising out of or by virtue of any law or contract involving Filipino
workers for overseas employment, including money claims, are adjudicated by the
Workers' Assistance and Adjudication Office (hereinafter the "WAAO") thru the POEA
Hearing Officers[5]. On the other hand, complaints involving recruitment violations
warranting suspension or cancellation of the license of recruiting agencies are
cognizable by the POEA thru its Licensing and Recruitment Office (hereinafter the
"LRO").[6] In cases where a complaint partakes of the nature of both an employeremployee relationship case and a recruitment regulation case, the POEA Hearing Officer
shall act as representative of both the WAAO and the LRO and both cases shall be
heard simultaneously. In such cases, the Hearing Officer shall submit two separate
recommendations for the two aspects of the case.[7]
In the case at bench, the first two causes of action were in the nature of money claims
arising from the employer-employee relations and were properly cognizable by the
WAAO. The last two causes of action were in the nature of recruitment violations and
may be investigated by the LRO. The third cause of action, illegal deduction/withholding
of salary, is both a money claim and a violation of recruitment regulations and is thus
under the investigatory jurisdiction of both the WAAO and the LRO.
Several hearings were conducted before the POEA Hearing Officer on the two aspects of
private respondents' complaint. During these hearings, private respondents supported
their complaint with the presentation of both documentary and testimonial evidence.
When it was its turn to present its evidence, petitioner failed to do so and consequently,
private respondents filed a motion to decide the case on the basis of the evidence on
record.[8]
On the aspects of the case involving money claims arising from the employer-employee
relations and illegal dismissal, the POEA rendered a decision dated August 31, 1988[9],
the dispositive portion of which reads:
"CONFORMABLY TO THE FOREGOING, judgment is hereby rendered ordering
respondent
PHILSA
INTERNATIONAL
PLACEMENT
AND
SERVICE
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/51157
2/12