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SAMEER OVERSEAS PLACEMENT AGENCY v. MILDRED R. SANTOS

FACTS:

This case involves a petition for review on certiorari assailing the decision and resolution of the Court of Appeals in a case entitled ASBT International Management Service Incorporated v. National Labor Relations Commission, Sameer Overseas Placement Agency, Incorporated, Lord Nelson Santos, et al. The private respondents, Lord Nelson Santos, Danilo Balcita, Nicson Cruz, Pepito Manglicmot, and Allan Aranes, were recruited by petitioner Sameer Overseas Placement Agency, Inc. (Sameer) to work as aluminum products manufacturer operators in Taiwan. They filed complaints against Sameer for various labor violations. Sameer filed a third-party complaint against ASBT International Management Service, Inc. (ASBT), claiming that ASBT should be liable for the contractual obligations of Ensure Company Ltd. It was alleged that Sameer's accreditation was transferred to ASBT. The Labor Arbiter ruled in favor of the complainants and ordered Sameer to pay various amounts to each complainant. Sameer appealed to the NLRC and the NLRC absolved Sameer of liabilities and instead ordered ASBT to pay the complainants. ASBT's motion for reconsideration was denied by the NLRC. ASBT then filed a petition for certiorari before the Court of Appeals, but its petition was dismissed due to procedural defects.

ISSUES:

  1. Whether Sameer Overseas Placement Agency, Inc. (Sameer) should be held liable for the claims of the private respondents.

  2. Whether ASBT International Management Service, Inc. (ASBT) should be held liable for the claims of the private respondents.

RULING:

  1. Sameer is absolved of any liabilities in view of the transfer of accreditation to ASBT. The NLRC orders ASBT to pay the private respondents their salary for the unexpired portion of the contract and refund of their placement fee.

  2. ASBT is held liable to pay the private respondents their salary for the unexpired portion of the contract and refund of their placement fee.

PRINCIPLES:

  • Transfer of accreditation can absolve the transferring agency of any liabilities pertaining to the claims of employees involved.

  • A third party can be held liable for the contractual obligations of the employer under certain circumstances.