6/5/2020
E-Library - Information At Your Fingertips: Printer Friendly
for the aforesaid claims and damages.
Such liabilities shall continue during the entire period or duration of
the employment contract and shall not be affected by any
substitution, amendment or modification made locally or in a foreign
country of the said contract.
xxxx
The law clearly mandates that the special power of attorney and manning agreement
should be authenticated, save only when the authorized officials of both the principal or
hiring company and its local agent signed the document in the presence of any member
of the POEA Directorate or duly designated officers of the POEA.[16]
As regards the transfer of accreditation, the following provisions apply, thus:
Section 6. Transfer of Accreditation. The accreditation of a principal may
be transferred to another agency provided that transfer shall not involve any
diminution of wages and benefits of workers
The transferee agency in these instances shall comply with the
requirements for accreditation and shall assume full and complete
responsibility to all contractual obligations of the principals to its workers
originally recruited and processed by the former agency.
Prior to the transfer of accreditation, the Administration shall notify the
previous agency and principal of such application.
Section 7. Actions on Applications for Accreditation of Projects Whose
Contracting Partners or Principals Have Outstanding Obligations.
Applications for the transfer of accreditation of principals or projects shall be
acted by the Administration upon submission of all requirements by
the new transferee agency.
x x x x (Emphasis supplied)
The foregoing rules are clear to the effect that before a transfer of accreditation can be
effected, the transferee agency should likewise have to comply with the requirements
for accreditation contained in Section 2, supra. The POEA can act on the transfer of
accreditation only after all the requirements shall have been submitted.
In light of the foregoing, there was no effective transfer of agency from Pentagon to
JDA Inter-Phil. Even assuming arguendo that JDA Inter-Phil did not withdraw its
application for accreditation with the POEA, there was still no valid transfer of agency to
speak of in the first place because JDA Inter-Phil did not submit the required
authenticated special power of attorney and manning agreement. The minutes of the
October 9, 1998 meeting could not, by any stretch of the imagination, supplant this
mandatory requirement.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61082
5/9