receipt. Also assailed is the CA Resolution dated September 12, 2007[5] which denied the
motion for reconsideration.
Factual Antecedents
On January 6, 2003, respondent Armando C. Padua, Jr. (Padua) filed a Sworn
Statement[6] before the Adjudication Office of the POEA against LNS and Sharikat Al
Saedi International Manpower (Sharikat) for violation of Section 2(b), (d), and (e) of
Rule I, Part VI of the 2002 POEA Rules and Regulations Governing the Recruitment and
Employment of Land-based Overseas Workers which provides:
Section 2. Grounds for imposition of administrative sanctions:
xxxx
b. Charging or accepting directly or indirectly any amount greater than that of
specified in the schedule of allowable fees prescribed by the Secretary, or making
a worker pay any amount greater than that actually received by him as a loan or
advance;
xxxx
d. Collecting any fee from a worker without issuing the appropriate receipt clearly
showing the amount paid and the purpose for which payment was made;
e. Engaging in act/s of misrepresentation in connection with recruitment and
placement of workers, such as furnishing or publishing any false notice,
information or document in relation to recruitment or employment;
xxxx
Padua alleged that on July 12, 2002, he applied as auto electrician with
petitioner LNS and was assured of a job in Saudi Arabia. He paid LNS the amounts
of P15,000.00 as processing fees, P6,000.00 for medical expenses, and P1,000.00 for
trade test, but he was not issued the corresponding receipts. He further alleged that he
signed an employment contract with LNS as a body builder with a monthly salary of
US$370.00.
Padua further alleged that it was another agency, Sharikat, which processed his
papers and eventually deployed him onSeptember 29, 2002 to Saudi Arabia. However,