NO CASE FACTS

1 REPUBLIC VS HUMANLINK This is a petition for certiorari filed by the

MANPOWER CONSULTANTS Republic of the Phils. Represented by the
GR 205188 APRIL 22, 2015 Secretary of DOLE and POEA assailing that the
POEA had no power to declare that the officers
and directors of HumanLink were disqualified
from participating in the overseas employment
program. This case steam from a complaint for
violation of the POEA Rules aand Regulations
filed by a certain REnelson Carlos against
Worldview International SErvices and Humanlink
before the POEA Adjudication Office. CArlos
alleged that he applied at Worldview as heavy
equipment driver in Doha, Qatar and paid the
necessary placement fee. While he has on the
airport awaiting for his departure, he was made
to sign an employment contract with a different
job description and salary, instead of the position
he applied for. he was told that it was only for
entry purposes and that he would work as a
heavy equipment driver in Doha as advertised.
However, upon his arrival, he worked as duct
installer, the same job he signed the contract for.
Thus, he complained that the terms of the
employment contract were not complied. He
was made to sign another employment contract
reducing his salary, so he filed a complaint with
the POEA but the complaint was not acted upon,
prompting him to speak with the Qatar Labor
Office where he discussed his grievance.
Eventually,, he was being repatriated in the Phils.
at his own expense. The POEA found that indeed
Humanlink is liable for violation of the 2002
Rules and Regulations and as a penaly, its license
was cancelled and made to pay fines. As a
consequence of the cancellation of its license,
its officers and directors are hereby ordered
disqualified from participating in the overseas
employment program of the government.
2 C.F. SHARP CREW Louis Cruise Lines (LCL), a foreign corporation
MANAGEMENT INC VS duly organized and existing under the laws of
Cyprus, entered into a Crewing Agreement with
ESPAÑOL GR 155903 PAPASHIP. PAPASHIP in turn appointed private
SEPT. 14, 2007 respondent Rizal Internationak as manning
agency in the Phils. , recruiting Filipino seamen
for LCL's vessel. LCL terminated the Crewing
Agreement wiht PAPASHIP and appointed C.F.
Sharp as crewing agent in the Phils. C.F. Sharp
requested for accreditation as the new manning
agency of LCL with the POEA, but Rizal objected
on the ground that its accreditation still existed.
Two principals of LCL arrived in the Phils and
conducted a series of interviews for seafares at
C.F. Sharp office. Rizal reported LCL's activity to
the POEA and requested ocular inspection and
found that 2 principals at C.F. Sharp interviewing
and recruiting hotel staffs, cooks and chefs for
MV Cyprus. Rizal filed a complaint for illegal
recruitment, cancellation or revocation of license
and blacklisting against LCL and C.F. Sharp. POEA
ruled in favor of Rizal and found C.F. Sharp liable
for illegal recruitment and violated Art.29 of the
Labor Code.
3 MORE MARITIME AGENCIES Private respondent Sergio Homicillada entered
VS NLRC GR 124927 MAY 18, into an overseas employmenct contract with
1999 MORE Maritime, acting as local agent of its
principal OCEAN Bulk, a foreign corporation
organized under the laws of Greece. Homicillada
was employed as oiler on board the vesell MV
Rhine. While MV Rhine was anchored at a port in
Brazil, Homicillasa was directed to clean the
main engine as well as the first and second
cylinders of the air trunk. To do this, he had to
enter into a manhole, an entrance that was
accessible only in a crouching position and had
to carry a weighty canister. After working for four
consecutive days, he started experiencing pain
on his left leg transcending upward to his waist
and lower back. He informed his chief-engineer
and was just given a salonpas and required him
to work. His conditioned worsen and was
examined by their ship doctor who certidied he
was not fit to work for 5days.. however the ship
captain still required him to work and never
given any rest. When he return to France, he was
re-examined and was repatriated to the Phils
where he underwent series of physical exam and
was diagnosed to have a slipped disc but MORE
MArtime disregard and instead proposed a pelvic
traction treatment which was less costly. This
does not improve his condition. Thus,
Homicillada filed a complaint with POEA against
MORE and OCEAN Bulk for dissability and
medical benefits, as well as payment of his two
months basic salary. POEA favored him despite
the opposition of the petitioners.
 ISSUE RULING
WON POEA had power YES. One of the role of the POEA is the regulation and
to automatically adjudication of private sector participation in the
disqualify officers and recruitment and placement of overseas workers. This is
directors from expressly so provided by law. They have the power to
participating in the suspend or cancel or license authority when such
government's grantee of the license violates the rules and regulations.
employment program Thus, upon the cancellation of a license, persons,
upon the cancellation officers and directors of the concerned corporation are
of a license. automatically prohibited from engaging in recruiting
and placement of land based overseas Filipino workers.
The grant of a license is a privilege and not a right thus
making it a proper subject of its regulatory powers. It is
in consequential therefore whether or not the POEA or
the DOLE stated in their decision that such persons are
disqualified from participating in the government's
employment program. The law and rules implementing
the same unequivocably state that once a recruitment
license of an entity is cancelled, its officers and directors
are automatically prohibited from engaging in such
activity. It was thus, unncessary for the POEA and DOLE
to issue a separate decision explicitly stating that
persons, officers and directors of Humanlink are
disqualified from participating in government overseas
recruitment programs.
WON C.F. Sharp is liable Yes, C.F. Sharp is liable for illegal recruitment because
for illegal recruitment. under Art 13(b) of the Labor Code which defines
recruitment and placement and by its definitons- and
contrary to what C.F.Sharp wants to portray- the
conduct of preparatory interviews is a recruitment
activity. The fact that C.F. Sharp did not receive any
paymnet during the interviews is of no moment. From
the language of Art. 13(b), the act of recruitment may
be for profit or not. It is the lack of the necessary license
or authority, not the fact of payment, that renders the
recruitment activity of LCL illegal.
WON Homicillada is YES. The Court held that even assuming that the ailment
entitled to recover of Homicillada was contracted prior to his employment
disability and medical as what petitioners contended, this fact would not
benefts and payment of exculpate petitioners from liability. Compensability of
basic salary. an ailment does not depend on whether the injury or
disease was pre-existng at the employment but rather if
the disease or injury is work-related or aggravated his
condition. It is indeed safe to presume that, at the very
least, the ardous nature of Homicillada's employmnet
had contributed to the aggravation of his injury, if
indeed it was pre-existing. Therefore, it is but just that
he be duly compensated. It is not necessary, in order for
an employee to recover compensation, that he must
have been in perfect condition or health at the time he
received the injury or that he be free from disease.
Every workmen brings with him to his employment
certain infirmities, and while the employer is not the
insurer of the health of his employees, he takes them as
he finds them and assumes the risk of having a
weakened condition aggravant by some injury. If hte
injury is the proximate cause of his death or disability
for which compensation is sought, the previous physical
conditionof hte employee is unimportant and recovery
may be had for injury independent of any pre-existing
weakness or disease. Moreover, even granting for the
sake of argument, that the sickness is not work related,
still HOmicillada is entitlede to disability benefits
provided the disease occured during the effectivity of
the contract because the standard contract for seamen
approved by the POEA does not quality whether the
sickness is work related or not.