5/28/2020
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also worthy to point out that the accomplished bio-data of Olarte with the
letterhead of ROYAL referred to earlier was attached by no less than Nahas
herself in her earlier pleading before the Labor Arbiter supposedly to show
that Olarte withdrew her application with PETRA. It would be uncanny for
Nahas to have in her possession and custody such document, if indeed she
was but a mere staff of ROYAL or that she is no longer connected in any way
with ROYAL, unless there remains an intimate relationship between her and
ROYAL or that she once held an important position in the same.
With the foregoing, We find nothing capricious or whimsical with the NLRC’s
finding and thus affirm Nahas’ liability in accordance with Section 64 of the
Omnibus Rules and Regulations Implementing the Migrant Workers and
Overseas Filipinos Act of 1995 (RA 8024), to wit:
‘Section 64. 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. x x x.
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.
xxxx
WHEREFORE, the instant petition is DENIED and the assailed
Decision of the NLRC dated 28 February 2003 and its Resolution of 30 June
2003 are hereby AFFIRMED.
SO ORDERED.[19]
The Motion for Reconsideration[20] thereto having been denied in the CA Resolution21
dated July 8, 2005, Nahas now comes to this Court via the present Petition for Review
on Certiorari.
The Parties’ Arguments
Nahas insists that it is Royal Dream which is solely responsible for Olarte’s deployment
and thus should be the one to answer for her claims. Be that as it may, she contends
that Royal Dream was not served with summons; hence, the proceedings in this case is
not binding upon it. Nahas also refutes the CA’s conclusion that since she interviewed
and caused Olarte to sign an employment contract, she held an important position in
Royal Dream. She maintains that she is a mere employee of Royal Dream and that
interviewing and entertaining applicants per se do not establish that she is a corporate
officer, director or partner in said company who could be held solidarily liable. Lastly,
she avers that Olarte’s Complaint is bereft of allegations of attendant circumstances
which warrant the grant of moral and exemplary damages.
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