PI Manpower Placements Inc vs NLRC : 97369 : July 31, 1997 : J. M... http://sc.judiciary.gov.ph/jurisprudence/1997/jul1997/97369.htm Manpower. Cuenta was told, however, that nothing could be done by P.I. Manpower because the obligation of the agency was only to deploy workers, like Cuenta. In July 1989, private respondent Cuenta filed a complaint in the POEA for illegal dismissal, non-payment of wages and recruitment violations against P.I. Manpower Placements Inc., LPJ Enterprises Inc., and Al Jindan Contracting and Trading Establishment and their respective bonding companies. In addition, he filed criminal charges against Teresita Rivera, Issan El Debs, General Manager of P.I. Manpower, and Danny Alonzo for estafa and illegal recruitment, but the cases were dismissed after the fiscal found no deceit and misrepresentation on the part of the accused.[1] On April 20, 1990, the POEA, rendered a decision, the dispositive portion of which reads:[2] WHEREFORE, respondents P.I. Manpower Placement Inc., and LPG Enterprises, Inc., (Addisc Enterprises) and Al Jindan Cont. and Trading Est. are hereby held jointly and severally liable to pay complainant Norberto Cuenta the following: 1. US$8,800.00 - representing salaries for the unexpired portion of the contract; and 2. US$1,760.00 - representing his unpaid salaries for 4 months of actual service. or the total amount of $10,560.00 or its peso equivalent at the time of actual payment. Both parties appealed to the NLRC which, on November 20, 1990, affirmed the decision of the POEA. On January 2, 1990, petitioner filed a motion for reconsideration but its motion was denied on January 21, 1991.[3] Separate petitions for certiorari were thereafter filed by petitioner and the LPJ Enterprises, questioning the decision of the NLRC. On July 15, 1991, this Courts First Division, in a resolution of that date, modified the decision of the NLRC. The dispositive part of the resolution in G.R. No. 97857 reads:[4] WHEREFORE, the petition is DISMISSED with costs against petitioner. The challenged decision is AFFIRMED, with the modification that the amount of SR400 or its equivalent in Philippine pesos, representing the food allowance paid to the private respondent for two months, shall be deducted from the total amount awarded to him. The temporary restraining order dated May 6, 1991, is LIFTED. On December 11, 1991, a writ of execution was served upon the petitioner. In an Urgent Motion for the Issuance of a Temporary Restraining Order[5] filed on January 2, 1992, petitioner sought to enjoin the POEA from enforcing the decision against it in view of the pendency of this petition. Its motion was granted on January 20, 1992.[6] Petitioner contends that the resolution of the NLRC has no factual and legal basis; that private respondents dismissal was for a just cause because, as stated in the telegram[7] dated April 5, 1989 of the foreign employer, Cuenta was unwilling to work and was threatening to harm others if he was given other assignments. In any event, it is contended that Cuenta cannot question the termination of his employment because he was on probation and thus can be dismissed for failing to meet the minimum standards required by his employer. Petitioner also argues that public respondent improperly construed the rules on the joint and solidary liability of the placement agency and the foreign employer for claims and liabilities arising from violations of the terms and conditions of the contract. Petitioner claims that Cuenta was a walk-in applicant whose application was accepted only for manpooling purposes and that Rivera only referred Cuenta to her friend Danny Alonzo of LPJ Enterprises because Cuenta was in a hurry to get a job. It denies liability under the contract of employment because the Agency- 2 of 6 1/24/2016 9:50 PM