Professional Documents
Culture Documents
1. Was the manning agency correct in refusing to assist the wife in claiming
the allotment, which was rightfully hers?
YES. In reference to the Standard Terms and Contract by POEA for
Oceangoing Seafarers, Allotte is defined as any person named or
designated by the seafarer as recipient of his remittance to the
Philippines. In the problem, Juan named his mother as his allottee,
hence the manning agency is bound to follow what was designated
by the seafarer
2. Was Maria correct in going to POEA for relief? Explain.
Yes, Maria was correct in going to POEA however, POEA cannot act
without any basis. Hence, the proper legal recourse is for the Maria
to file a civil case a civil case for support. Once the court grants the
petition, the said court order should be given to the manning
agency and attached to each POEA standard employment contract.
This will serve as a notice to the seafarer that failure to comply will
have legal consequence. The manning agency is likewise bound to
abide by said order for the allocation in favor of the wife.
3. What are the reliefs available for Maria?
Aside from filing a Civil Case for Support, Maria can also file for a
Criminal Case against Juan. A Filipino seafarer can be held criminally
liable and be subjected to sanctions due to the act of abandoning
his financial obligation to persons to which he is obliged by law to
support. Under the Anti-Violence Against Women and Their Children
Act , which was promulgated March 08, 2004, economic abuse can
be committed against a woman who is his wife, former wife, or
against a woman with whom the person has or had a sexual or
dating relationship, or with whom he has a common child, or against
her child whether legitimate or illegitimate, within or without the
family abode. Popularly known as VAWC, the said law defined
"Economic abuse" as any act that makes or attempts to make a
woman financially dependent which includes, but is not limited to
the following: 1. withdrawal of financial support or preventing the
victim from engaging in any legitimate profession, occupation,
business or activity, except in cases wherein the other
spouse/partner objects on valid, serious and moral grounds as
defined in 2. deprivation or threat of deprivation of financial
resources and the right to the use and enjoyment of the conjugal,
community or property owned in common; If convicted under this
law, the seafarer shall be punished by prision mayor, or
imprisonment of a minimum of six years and one day to a maximum
of twelve years. He shall also shall pay a fine in the amount of not
less than One hundred thousand pesos (P100,000.00) but not more
than three hundred thousand pesos (300,000.00). The court may
likewise expedite the process of issuance of a hold departure order
once the case is filed.
8. In relation to above facts, can John claim for damages and where should
he file his claim?
John may file a complaint for breach of contract and claim damages
therefor before the NLRC, despite absence of employer-employee
relationship. RA 10022 conferred jurisdiction on the Labor Arbiter
not only claims arising out of EER, but also by virtue of any law or
contract involving Filipino worker for overseas deployment including
claims for actual, moral, exemplary and other forms of damages.
Joe was approached for a possible overseas deployment to Dubai by X, an
interviewer of job applicants for Alpha Recruitment Services Inc., an overseas
recruitment agency. X required Joe to submit certain documents and to pay
for 25,000 as processing fee. Upon payment of the said amount to the
agency cashier, Joe was advised to wait for his visa. After five months, he
was informed by X that he can no longer be deployed abroad. Joe was
informed by POEA that Alpha Recruitment Services Inc., was a licensed
Agency, however, X was not their registered employee.
9. May the officers of Alpha Recruitment Services Inc., be held criminally
liable for illegal recruitment? Explain.
YES. Alpha, being a licensed recruitment agency still has obligation
to Joe for processing hi paper for overseas employment. Under RA
10022, failure to reimburse expenses incurred by the worker in
connection with his documentaion and processing for purposes of
deployment, in cases where the deployment does not take place
without worker fault, amounts to illegal recruitment.
10. Who are the persons that can be held criminally liable for acts
constituting Illegal Recruitment and prohibited acts?
The persons that can be held criminally liable for illegal recruitment
and prohibited acts are the principals, accomplices and accessories.
In case of juridical persons, the officers having ownership, control,
management or direction of their business who are responsible for
the
commission
of
the
offense
and
the
responsible
employees/agents thereof shall be liable.
11. What are the uses of the Legal Assistance Fund?
12. What are the benefits covered by the Compulsory Insurance Coverage
provided under Section 37-A of the amended law (RA 10022)?
(4)
Repatriation cost of the worker when employment is
terminated without any valid cause, including transport of his
personal belongings; repatriation of remains in case of death of the
seafarer including assistance on the requirements for repatriation
of remains;
Mary, was hired for overseas deployment by her agency, KID Recruitment
International as a domestic helper for Hong Kong. Prior to her deployment,
she underwent medical examination by a DOH-accredited clinic, JJ
Diagnostics Inc., and was declared to be fit for employment on August 1,
2011. She departed and arrived in Hong Kong on August 7, 2011. However, 3
days later, she got sick and was brought to a local hospital by her employer.
The doctor from Hong Kong declared she was suffering from tuberculosis and
results show that she was already suffering from it for quite some time.