he returned to the Philippines on December 23, 2002 because he was not allegedly paid
his salaries and also because of violations in the terms and conditions of his employment
contract.
LNS and Sharikat filed their respective Answers.
In its Verified Answer,[7] LNS averred that it is a sole proprietorship owned and
managed by Ludevina E. Casabuena. It admitted that Padua applied for employment
abroad but he withdrew all the documents he submitted to LNS on July 27, 2002. As
proof, LNS attached the withdrawal letter duly signed by Padua.
LNS alleged that it did not know that Padua applied with Sharikat or that he was
eventually deployed by the latter to Saudi Arabia. LNS denied that it endorsed Padua’s
application papers to Sharikat. LNS claimed that after Padua withdrew his documents, it
no longer had any knowledge whether he applied with another employment agency. LNS
insisted that the contract of employment submitted by Padua to the POEA clearly
indicated that the same was only between him and Sharikat and not LNS.
Thus, LNS claimed that it could not be held liable for non-issuance of receipt or
misrepresentation.
For its part, Sharikat admitted that it processed Padua’s papers for
employment in Saudi Arabia.[8] However, it argued that it cannot be held liable for any
alleged violation of labor standards because its principal in Saudi Arabia faithfully
complied with the terms and conditions of Padua’s employment.[9] Sharikat also argued
that Padua’s contentions are vague and unsubstantiated and deserve no probative weight
at all. Aside from his bare allegations, Padua did not present evidence to show that he
was not paid his salaries or that he was illegally dismissed.[10]
In his Reply to Answer of LNS,[11] Padua admitted signing the withdrawal letter
but alleged that he did not actually receive the documents because he was made to
understand that the same would be endorsed to Sharikat.
Ruling of POEA