RECRUITMENT OF LOCAL AND MIGRANT WORKERS

In fine, for failure to adduce any shred of evidence of payment made to petitioner, or that petitioner referred or endorsed respondent for employment abroad to another agency, the charges of non-issuance of receipt and misrepresentation against petitioner could not possibly prosper. By the voluntary withdrawal of respondent’s application from petitioner, the latter could not have been involved in the recruitment and placement of respondent and consequently could not be held liable for any violation. (LNS INTERNATIONAL MANPOWER SERVICES v. ARMANDO C. PADUA, JR., G.R. No. 179792, 5 March 2010)

The imposition of joint and solidary liability is in line with the policy of the state to protect and alleviate the plight of the working class. Verily, to allow petitioners to simply invoke the immunity from suit of its foreign principal or to wait for the judicial determination of the foreign principal’s liability before petitioner can be held liable renders the law on joint and solidary liability inutile. (ATCI OVERSEAS CORPORATION, ET AL. v. MA. JOSEFA ECHIN, G.R. No. 178551, 11 October 2010)

Neil Christian

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