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ABD OVERSEAS MANPOWER CORPORATION v. NLRC

This case has been cited 3 times or more.

	GR Nos. 182978-79 2009-04-07	BECMEN SERVICE EXPORTER v. SPS. SIMPLICIO YNARES-SANTIAGO, J.
White Falcon's assumption of Becmen's liability does not automatically result in Becmen's freedom or release from liability. This has been ruled in ABD Overseas Manpower Corporation v. NLRC.[39] Instead, both Becmen and White Falcon should be held liable solidarily, without prejudice to each having the right to be reimbursed under the provision of the Civil Code that whoever pays for another may demand from the debtor what he has paid.[40]
	GR NO. 153942 2005-06-29	SAMEER OVERSEAS PLACEMENT AGENCY v. NOE LEVANTINO TINGA, J.
The remaining arguments posed by Sameer pertain to the merits of the case, i.e., on whether it could be held jointly and severally liable with IDG considering that it was no longer the agent of the foreign employer. We do not wish to belabor any discussion on this point, considering that it has passed evaluation on three prior levels of review; but as with the Court of Appeals, we agree that such ruling is supported by jurisprudence. In support of the holding on Sameer's liability, the Labor Arbiter cited the Court's ruling in ABD Overseas Manpower Corp. v. NLRC.[15] We have reviewed the citation, and find its application to the present case seemly. The Court therein accorded premium to the fact that it had been the previous local recruitment agency of the foreign employer who had contracted with the complainant therein, and that the POEA Rules on the assumption by the transferee agency of the contractual obligations of the principal cannot be used as a shield against liability. Similarly in this case, it was Sameer, not IDG, which had contracted with Levantino, and guaranteed the wages which were not eventually paid to the employer, and it does not run contrary to justice that Sameer be absolved from liability to Levantino.
	GR NO. 160798 2005-06-08	JUANITO A. GARCIA v. PHILIPPINE AIRLINES CALLEJO, SR., J.
Nonetheless, in the interest of substantial justice, taking into account the fact that this is a labor case, the Court opts to overlook the procedural lapse of the petitioners, conformably with the ruling of the Court in ABD Overseas Manpower Corporation v. NLRC:[43]