MARTINEZ, KYRENE EUNICE M.

2017010299
BAR Q OFW

1) AMA is not correct.

The liability of the principal/employer and the recruitment/placement

agency is joint and several. Such liability 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 (Section 10, Rep. Act No. 8042, as amended by Section 7 of
Rep. Act No. 10022). The fact that AMA and its foreign principal have already
terminated their agency agreement does not relieve the former of its liability,
because the obligations covenanted in the agency agreement between the local
agent and its foreign principal are not coterminous with the term of such
agreement so that if either or both Of the parties decide to end the agreement,
the responsibilities of such parties towards the contracted employees under the
agreement do not at all end, but the same extends up to and until the expiration
of the employment contracts of the employees recruited and employed pursuant
to said recruitment agreement; otherwise, this will render nugatory the very
purpose which the law governing the employment of workers for foreign jobs
abroad was enacted .

2) No. Article 27 of the Labor Code mandates that pertinently, for a Corporation to
validly engage in recruitment and placement of workers, locally and overseas, at
least seventy-five percent (75%) of its authorized and voting capital stock must be
owned and controlled by Filipino citizens. Since only 70% of its authorized capital
stock is owned by Filipinos, it consequently cannot validly engage in recruitment and
placement of workers, locally and overseas.

3) Illegal recruitment is considered as economic sabotage if it is carried out by a group

of three (3) or more persons conspiring or confederating with one another or it is
committed against three (3) or more persons individually or as a group. If the illegal
recruitment constitutes economic sabotage, the penalty of life imprisonment and a
fine of not less than Two million pesos (P2,000,000.00) nor more than Five million
pesos (P5,000,000.00) shall be imposed.

4) The local agency is jointly liable with the foreign principal; severance of relations
between the local agent and the foreign principal dissolves the liability of the local
agent recruiter; b. Local agency is solidarily liable with the foreign principal;
severance of relations between the local agent and the foreign principal dissolves
the liability of the foreign principal, only; c. Local agency is solidarily liable with the
foreign principal; severance of relations between the local agent and foreign
principal does not affect the liability of the foreign principal; d. Local agency is
jointly liable with the foreign principal; severance of the relations between the local
agent and the foreign principal does not affect the liability of the local recruiter.

5) Yes, since the agency is equally liable with the foreign principal despite the
termination of their contract between them.
6) Yes, Section 10 of Rep. Act No. 8042 (as amended by Rep. Act No. 10022) provides
that in case of termination of overseas employment without just, valid or authorized
cause as defined by law or contract, or any unauthorized deductions from the
inigrant worker’s salary, the worker shall be entitled to the full reimbursement of his
placement fee with interest at twelve percent (12%) per annum, plus his salaries for
the unexpired portion of his employment contract or for three (3) years for every
year of the unexpired term, whichever is less.

7) Yes. Even if no departure took place, the contract of employment has already been
perfected which creates certain rights and obligations, the breach of which may give
rise to a cause of action against the erring party: A can file a complaint for
Recruitment Violation for XYZ’s failure to deploy him within the prescribed period
without any valid reason, a ground for the imposition of administrative sanctions
against XYZ under Section 2, Rule I, Part V of the 2003 POEA Rules on Employment
of Seafarers.

A may likewise file a complaint for breach of contract, and claim damages there
for before the NLRC, despite absence of employer employee relationship. Section 10
of Rep. Act No. 8042 conferred jurisdiction on the Labor Arbiter not only on claims
arising out of EER, but also by virtue of any law or contract involving Filipino
workers for overseas deployment including claims for actual, moral, exemplary, and
other forms of damages.

8) a.) No. X performed his work with the knowledge that he works for a licensed
recruitment agency. He is in no position to know that the officers of said recruitment
agency failed to register him as its personnel. The fault not being attributable to
him, he may be considered to have apparent authority to represent Alpha on
recruitment for overseas employment.

b.) Yes. Alpha, being a licensed recruitment agency, still has obligations to A for
processing his papers for overseas employment. Under Section 6(m) of Rep. Act
No. 8042, failure to reimburse expenses incurred by the worker in connection
with his documentation and processing for purposes of deployment, in cases
where the deployment does not actually take place without the worker’s fault,
amounts to illegal recruitment.

9.) No. Speedy’s obligation to A is joint and several with the principal employer (Sec.
10, Rep. Act No. 8042). The liability of the principal/employer and the
recruitment/placement agency for all claims for money claims shall be joint and several,
which undertaking shall form part of A’s employment contract, and condition precedent
for its approval. This liability 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 said contract.

10.) The Labor Arbiter has jurisdiction. Section 10, R.A. No. 8042, reads:
Notwithstanding any provision of law to the contrary, the Labor Arbiters of the National
Labor Relations Commission (NLRC) shall have the original and exclusive jurisdiction to
hear and decide, within ninety (90)calendar days after the filing of the complaint, the
claims arising out of an employer employee relationship or by virtue of any law or
contract involving Filipino workers for overseas deployment including claims for actual,
moral, exemplary and other forms of damages.

11.) Maryrose is still criminally liable for large scale illegal recruitment, Good faith is not
a defense in illegal recruitment as defines in sec 6. of RA 8042. Illegal recruitment is
malum prohibitum.
Refund of the 120,000 she received does not likewise extinguish her criminal liability.
The affidavit of desistance, moreover, does not bar Maryrose’s prosecution. The
criminal offense is not extinguished by such desistance. Besides, affidavit of desistance
as a rule is not encouraged.
12.) Yes, he is entitled to his salaries for the unexpired portion of his employment
contract, plus full reimbursement of his placement fee with interest at 12% per annum
as per settled jurisprudence.

13.) Yes, the agency and the employer’s uncaring attitude makes them liable for such
damages.