6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly 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. xxxx The law clearly mandates that the special power of attorney and manning agreement should be authenticated, save only when the authorized officials of both the principal or hiring company and its local agent signed the document in the presence of any member of the POEA Directorate or duly designated officers of the POEA.[16] As regards the transfer of accreditation, the following provisions apply, thus: Section 6. Transfer of Accreditation. The accreditation of a principal may be transferred to another agency provided that transfer shall not involve any diminution of wages and benefits of workers The transferee agency in these instances shall comply with the requirements for accreditation and shall assume full and complete responsibility to all contractual obligations of the principals to its workers originally recruited and processed by the former agency. Prior to the transfer of accreditation, the Administration shall notify the previous agency and principal of such application. Section 7. Actions on Applications for Accreditation of Projects Whose Contracting Partners or Principals Have Outstanding Obligations. Applications for the transfer of accreditation of principals or projects shall be acted by the Administration upon submission of all requirements by the new transferee agency. x x x x (Emphasis supplied) The foregoing rules are clear to the effect that before a transfer of accreditation can be effected, the transferee agency should likewise have to comply with the requirements for accreditation contained in Section 2, supra. The POEA can act on the transfer of accreditation only after all the requirements shall have been submitted. In light of the foregoing, there was no effective transfer of agency from Pentagon to JDA Inter-Phil. Even assuming arguendo that JDA Inter-Phil did not withdraw its application for accreditation with the POEA, there was still no valid transfer of agency to speak of in the first place because JDA Inter-Phil did not submit the required authenticated special power of attorney and manning agreement. The minutes of the October 9, 1998 meeting could not, by any stretch of the imagination, supplant this mandatory requirement. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61082 5/9

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