G.R. Nos. 182978-79
15 of 19
http://sc.judiciary.gov.ph/jurisprudence/2009/april2009/182978-79.htm
[35]
employer is sanctioned by Article 2219 (10)
of the Civil Code, which allows recovery of
such damages in actions referred to in Article 21.
[36]
Thus, in view of the foregoing, the Court holds that the Cuaresmas are entitled to moral
damages, which Becmen and White Falcon are jointly and solidarily liable to pay, together
with exemplary damages for wanton and oppressive behavior, and by way of example for the
public good.
Private employment agencies are held jointly and severally liable with the foreign-based
employer for any violation of the recruitment agreement or contract of employment. This joint
and solidary liability imposed by law against recruitment agencies and foreign employers is
meant to assure the aggrieved worker of immediate and sufficient payment of what is due
[37]
If the recruitment/placement agency is a juridical being, the corporate officers and
him.
directors and partners as the case may be, shall themselves be jointly and solidarily liable with
[38]
the corporation or partnership for the aforesaid claims and damages.
White Falcons assumption of Becmens liability does not automatically result in
Becmens freedom or release from liability. This has been ruled in ABD Overseas Manpower
[39]
Corporation v. NLRC.
Instead, both Becmen and White Falcon should be held liable
solidarily, without prejudice to each having the right to be reimbursed under the provision of
the Civil Code that whoever pays for another may demand from the debtor what he has
[40]
paid.
WHEREFORE, the Amended Decision of the Court of Appeals dated May 14, 2008 in
CA-G.R. SP No. 80619 and CA-G.R. SP No. 81030 is SET ASIDE. Rajab & Silsilah
Company, White Falcon Services, Inc., Becmen Service Exporter and Promotion, Inc.,
and their corporate directors and officers are found jointly and solidarily liable and
ORDERED to indemnify the heirs of Jasmin Cuaresma, spouses Simplicio and Mila
Cuaresma, the following amounts:
1) TWO MILLION FIVE HUNDRED THOUSAND PESOS (P2,500,000.00) as moral
damages;
2) TWO MILLION FIVE HUNDRED THOUSAND PESOS (P2,500,000.00) as
exemplary damages;
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