5/3/2021
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Their argument is far from persuasive. Surely, they cannot expect us to utilize their
non-compliance with the POEA Rules and Regulations as a basis in absolving them. To
do so would be tantamount to giving premium to acts done in violation of established
rules. At most, private respondents' act of deploying petitioner to Singapore without
complying with the POEA requirements only made them susceptible to cancellation or
suspension of license as provided by Section 2, Rule I, Book VI of POEA Rules and
Regulations:
SEC. 2. Grounds for suspension/cancellation of license.
m. Deploying workers whose employment and travel documents were not
processed by the Administration;
n. Deploying workers workers or seafarers to vessels or principals not
accredited by the Administration;
But of course, such violations should be threshed out in a proper administrative
proceeding for suspension or cancellation of license.
Meantime, we just uphold POEA's Decision holding private respondents and Travelers
Insurance Corporation jointly and severally liable to petitioner. Section 2 (e), Rule V,
Book I of the Omnibus Rules Implementing the Labor Code requires a private
employment agency to assume all responsibilities for the implementation of the
contract of employment of an overseas worker.[26] This provision is substantially
reiterated in Section 1 (f) (3) of Rule II, Book II of the POEA Rules and Regulations
which provides:
"Section 1. Requirements for Issuance of License - Every applicant for
license to operate a private employment agency or manning agency shall
submit a written application together with the following requirements:
x
x
x
x
x
x
f) a verified undertaking stating that the applicant:
xxx
(3) shall assume joint and solidary liability with the employer which may
arise in connection with the implementation of the contract, including but
not limited to payment of wages, health and disability compensation and
repatriation.
With respect to private respondents' surety, its liability is founded on Section 4, Rule II,
Book II of the POEA Rules and Regulations. Cash and surety bonds are required by the
POEA from recruitment and employment companies precisely as a means of ensuring
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