5/3/2021 E-Library - Information At Your Fingertips: Printer Friendly The Solicitor General, in his comment,[14] joins petitioner in assailing the decision of respondent NLRC as "baseless and erroneous." According to him, the conclusion of respondent NLRC directly contradicts private respondents' defense that petitioner was a "total stranger." Further, he contends that the Joint Affidavit of Balucas and Natura are hearsay. The cardinal issue in this case hinges on the question - Are private respondents responsible for petitioner's recruitment and deployment to Singapore? Let us take a closer look at the scale of evidence. On one arm of the scale are petitioner's evidence consisting of photocopies of the PNB checks and agreements which were intended to disprove private respondents' claim that petitioner, Victor Lim and Step-Up Agency are "total strangers." The PNB checks represent the payments made by respondent Cayanan to the relatives of petitioner's co-workers (including Balucas and Natura). The checks show the name of LIM Chang Koo &/or Jose Cayanan, as drawers. While the agreements, denominated "For Fisherman Deployed For Work To Singapore," constitute authorization to Victor Lim to deduct from the monthly salaries of the workers the amounts of their obligations to private respondents. Petitioner's own undertaking to private respondents reads: "I hereby certify that my expenses abroad in going to Singapore as fisherman amounting to SIXTEEN THOUSAND PESOS (P16,000.00) shall be temporarily shouldered by JEAC INT'L MGT & CONT. SERVICES and as soon as I arrive in Singapore, said amount will be charged by MR. VICTOR LIM and will be remitted to Eng. Jose E. Cayanan. (Sgd.) Mario Hornales F. CREW"[15] On the other side of the scale are the Joint Affidavit secured by private respondents from petitioner's co-workers, Balucas and Natura, and a Certification issued by StepUp Agency. These evidence were intended to prove the alleged admission of petitioner to Balucas and Natura that he went as a tourist to Singapore and that he applied directly with Step-Up Agency. The Certification of Step-Up Agency re-echoes the allegations in the Joint Affidavit. The scale of evidence must tilt in favor of petitioner. In a catena of labor cases, this Court has consistently held that where the adverse party is deprived of the opportunity to cross-examine the affiants, affidavits are generally rejected for being hearsay, unless the affiant themselves are placed on the witness stand to testify thereon.[16] Private respondents' Joint Affidavit has no probative value. It suffers from two infirmities, first, petitioner was not given the opportunity to cross-examine the two affiants regarding the contents thereof, and second, the two affiants merely swore as to what petitioner told them but not as to the https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/52737 4/11