employment contract. If it were to be held liable for the monetary awards in favor of
Macaraya, then it would result in undue enrichment on the part of MARS. It must be
noted that none of these allegations was mentioned in the March 21, 1994, resolution.
Thus, after stating the facts that are clearly culled from the POEA decision, the
questioned resolution of March 21, 1994, quotes the discussion of the POEA on the
liabilities for monetary awards of petitioner and its foreign principal. Consequently, in the
nine-page resolution, the NLRC merely contributed two pages, including its conclusions,
viz.:
After a careful perusal of the records of the case, We agree with the POEA
Administrator findings and conclusion th(a)t the transferee agency, ABD must assume
full and complete responsibility to the contractual obligation of the principal, M.S. Al
Babtain Recruitment Office to the complainant who was recruited by MARS.
Section 6, Rule I, Book III of the POEA Rules and Regulation provides:vii[7] x x x
It is clear from the aforementioned provision of the POEA Rules and Regulation that the
transferee agency shall assume full and complete responsibility to all contractual
obligations of the principals to its workers originally recruited and processed by its
former agency.
In the case at bar, respondent ABD Overseas Manpower Corporation(,) being the
transferee agency(,) must assume (the) full liability of the principal, M.S. Al Babtain(,) to
the complainant originally recruited and process(ed) by its former agency(,) Mars
International Manpower Inc.
We find no grave abuse of discretion on the part of the POEA Administrator.
WHEREFORE, in view of the foregoing considerations, the Motion for
Reconsiderationviii[8] is dismissed for lack of merit.
SO ORDERED.
Section 13, Rule VII of the New Rules of Procedure of the NLRC provides as follows:
SEC. 13. Form of Decision/Resolution/Order. The Decision/ Resolution shall state
clearly and distinctly the findings of facts, issues and conclusions of law on which it is
based and the relief granted, if any. If the decision or resolution involves monetary
awards, the same shall contain the specific amount awarded as of the date the decision
is rendered.
This provision of the Rules is obviously in consonance with Section 14, Article VIII of the
Constitution providing that (n)o decision shall be rendered by any court without
expressing therein clearly and distinctly the facts and the law on which it is based.