1. The Supreme Court ruled that the POEA has the power to automatically disqualify officers and directors of a company from participating in overseas employment programs when that company's license is cancelled. They found this power was expressly granted by law to allow POEA to properly regulate the industry.
2. The court also ruled C.F. Sharp was liable for illegal recruitment as their preparatory interviews of workers constituted recruitment under the labor code, regardless of whether payment was received.
3. Finally, the court found worker Homicillada was entitled to recover disability and medical benefits from his employers, even if his injury was found to be work-related, as they failed to properly treat his condition as required.
1. The Supreme Court ruled that the POEA has the power to automatically disqualify officers and directors of a company from participating in overseas employment programs when that company's license is cancelled. They found this power was expressly granted by law to allow POEA to properly regulate the industry.
2. The court also ruled C.F. Sharp was liable for illegal recruitment as their preparatory interviews of workers constituted recruitment under the labor code, regardless of whether payment was received.
3. Finally, the court found worker Homicillada was entitled to recover disability and medical benefits from his employers, even if his injury was found to be work-related, as they failed to properly treat his condition as required.
1. The Supreme Court ruled that the POEA has the power to automatically disqualify officers and directors of a company from participating in overseas employment programs when that company's license is cancelled. They found this power was expressly granted by law to allow POEA to properly regulate the industry.
2. The court also ruled C.F. Sharp was liable for illegal recruitment as their preparatory interviews of workers constituted recruitment under the labor code, regardless of whether payment was received.
3. Finally, the court found worker Homicillada was entitled to recover disability and medical benefits from his employers, even if his injury was found to be work-related, as they failed to properly treat his condition as required.
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.