The conclusions reached by the Court in MC Engineering, Inc. v. NLRC[34] are
further supported by the relevant rules and regulations adopted by the POEA,
which establish in essence that the foreign principal does not have personality in
the Philippines unless it acts through a licensed local manning agent as its
accredited principal. The POEA Rules specifically ordains that the local manning
agent is solidarily liable for every obligation that the foreign principal may incur
against the local worker:
Part I General Provisions
x x x Rule II Definition of Terms:
Joint and Solidary Liability refers to the nature of liability of the
principal and the manning agency, for any and all claims arising out of the
implementation of the employment contract involving Filipino seafarers. It
shall likewise refer to the nature of liability of officers, directors, partners or
sole proprietors with the company over claims arising from employeremployee relationship.
x x x x
Part II Licensing and Regulation
RULE II Issuance of License
Section 1. Requirements for Licensing.
x x x x
e. A verified undertaking stating that the applicant shall: xxx xxx xxx
8. Assume joint and solidary liability with the employer for all claims and
liabilities which may arise in connection with the implementation of the
employment contract, including but not limited to wages, death and disability
compensation and their repatriation;
x x x x
f. In case of corporation or partnership, verified undertaking by
officers, directors and partners that they will be jointly and severally liable
with the company over claims arising from employer-employee relationship.