Further perusal of the POEA Rules indicates that the relationship between
the local manning agent and the foreign principal is so intertwined. Indeed, the
foreign principal does not have any capacity to act in the Philippines, unless
through its accredited local manning agent. For example, an accredited foreign
principal can only engage and employ Filipino seafarers for specific ship/s through
a licensed local manning agency; and foreign principals/employers who wish to
advertise job requirements using Philippine print media, broadcast, or television
may do so only through a POEA licensed local manning agency. Moreover, only
duly licensed local manning agencies may file an application for registration of
principals; while registered foreign principals are required to enroll ships through
their agencies.
We thus re-stress that a foreign principal that is acting only through its local
manning agent has no need to file a separate certificate of non-forum shopping.[35]
Clearly then, following stare decisis and even a cursory look at the POEA rules
and regulations, the Court of Appeals committed a reversible error of law when it
dismissed the petition because of the failure of Colarina and Lagoa to execute the
verification and certification of non-forum shopping independently of Varorient.
WHEREFORE, the petition is GRANTED. The Resolutions of the Court of
Appeals dated 15 May 2004 and 09 August 2004 are SET ASIDE. Let the case be
REMANDED to the Court of Appeals for adjudication on the merits.
SO ORDERED.
DANTE O. TINGA
Associate Justice
WE CONCUR: