Given these circumstances, petitioner concludes that respondent Skills
International should be held liable to him for the illegal dismissal perpetuated by
its accredited principal, Wallan Al Wallan, as provided for under Section [60] of
the Rules and Regulations Implementing the Migrant Workers and Overseas
Filipinos Act of 1995[21] which states:
Section 60. Solidary Liability. - The liability of the principal/employer
and the recruitment/placement agency on any and all claims under this Rule shall
be joint and solidary. This liability shall be incorporated in the contract for
overseas employment and shall be a condition precedent for its approval. The
performance bond to be filed by the recruitment/placement agency, as provided
by law, shall be answerable for all money claims or damages that may be awarded
to the workers.
If the recruitment/placement agency is a juridical being, the corporate
officers and directors and partners as the case may be, shall themselves be jointly
and solidarily liable with the corporation or partnership for the aforesaid claims
and damages.
Such liabilities shall continue during the entire period or duration of the
employment contract and shall not be affected by any substitution, amendment or
modification made locally or in a foreign country of the said contract.
On the other hand, respondent Skills International insists that this Petition
should be dismissed as it seeks a review of the factual findings of the Labor
Arbiter, the NLRC, and the Court of Appeals – a task which clearly does not fall
within the ambit of a Petition for Review on Certiorari. Nevertheless, respondent
Skills International proceeded to address the matters stated in the Petition. It
contends that although it had previously deployed petitioner abroad, such
deployment was for its accredited principal, the Saudi Automotive Services
Company and not for Wallan Al Wallan. While it may be true
that Wallan Al Wallan and petitioner met one another at its office, respondent
Skills International argues that this does not readily lead to the conclusion
that Wallan AlWallan was its accredited principal. As one of its officers is from
the Middle East, respondent Skills International avers that it is customary that it
invites visitors from said region to come to their office.
Anent the medical examination which was undergone by petitioner,
respondent Skills International claims that it could not have possibly recommended