5/3/2021
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prompt and effective recourse against such companies when held liable for applicant's
or worker's claims. The cash and surety bonds shall answer for all valid and legal
claims arising from violations of the conditions for the grant and use of the license,
and/or accreditations and contracts of employment. The bonds shall likewise guarantee
compliance with the provisions of the Code and its implementing rules and regulations
relating to recruitment and placement, the POEA Rules and relevant issuances of the
Department and all liabilities which the POEA may impose.[27]
Accordingly, we find it proper to reinstate the Decision dated January 5, 1994 of the
POEA subject to the modification that the amount of P16,000, the amount which
petitioner admitted to have been advanced by respondent JEAC for his expenses in
going to Singapore[28] be deducted from the total amount to be awarded to him which
includes a) US$1,646.66 corresponding to his unpaid salaries and b) attorney's fees.
The award of attorney's fees amounting to ten percent (10%) of the total award is
justified under Article 111 (a) of the Labor Code. The solidary liability of Travelers
Insurance Corp., as surety of respondent JEAC, is maintained.
WHEREFORE, the petition is hereby GRANTED and the respondent NLRC's a) Decision
dated July 28, 1994, and b) Resolution dated Octobger 6, 1994 are SET ASIDE. The
Decision of POEA Administrator Felicisimo O. Joson in POEA Case No. (L) 92-07-939 is
REINSTATED with the MODIFICATION that the sum of P16,000.00 be deducted from
the total amount to be awarded to petitioner.
Payment should be made in Philippine currency at the prevailing rate of exchange at
the time of payment.
SO ORDERED.
Melo, (Chairman), Vitug, Panganiban, and Gonzaga-Reyes, JJ., concur.
[1] Rollo, pp. 27-34.
[2] Rollo, pp. 75-80.
[3] Entitled "Mario A. Hornales v. JEAC International Management & Contractor
Services, Engr. Jose Cayanan, County Bankers Insurance Corp. and Travellers Insurance
Corporation".
[4] Rollo, p. 35.
[5] Annex C of Petition, Rollo, pp. 36-37.
[6] Alternatively referred to as Step-Up Video PTE L.D., Rollo, p. 52.
[7] Annex "E" of the Petition, Rollo, pp. 40-42.
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