G.R. No. 108284 June 30, 1993
SIGMA PERSONNEL SERVICES, petitioner, vs. NATIONAL LABOR RELATIONS COMMISSION and PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION (SUSAN SUMATRE), respondents.

FACTS

Susan Sumatre was recruited for overseas employment as a domestic helper in Abu Dhabi, United Arab Emirates. Marife Carandang, Vice President and Executive Officer of SPM Integrated Services, recruited her but processed her application through petitioner Sigma Personnel Services, a licensed recruitment agency. Sumatre paid a placement fee and was deployed to Abu Dhabi on August 1, 1987, to work for the National Center for Commercial Relations and Services (NCCRS). Upon arrival, she was assigned to a foreign employer who allegedly mauled, beat, and possibly raped her. The owner of NCCRS, Querisi-al-Harira, then took her back, locked her in a room without food for several days, and subjected her to physical abuse. Two weeks after arrival, she was repatriated to the Philippines, diagnosed with “schizophreniform disorder.” Medical examinations in the Philippines revealed contusions on her arm, and a mental health report indicated she had no prior psychiatric history and was well before departure, attributing her condition to the traumatic events abroad. Her sister, Cynthia Sumatre, filed a complaint with the POEA for payment of unpaid salaries for the unexpired portion of her two-year contract. The POEA ruled in favor of Sumatre, holding Sigma and SPM solidarily liable for her salaries and attorney’s fees, a decision affirmed by the NLRC. Sigma filed a special civil action for certiorari, contending Sumatre was a probationary employee validly terminated due to mental illness, questioning the sister’s capacity to sue, and denying solidary liability with SPM.

ISSUE

Whether Susan Sumatre was illegally dismissed, making Sigma Personnel Services solidarily liable with the foreign employer for her claims.

RULING

Yes, Susan Sumatre was illegally dismissed, and Sigma Personnel Services is solidarily liable. The Court dismissed Sigma’s petition, affirming the NLRC and POEA decisions. The employer failed to prove that Sumatre’s mental disorder was a pre-existing condition justifying termination under Article 284 of the Labor Code; instead, the evidence showed it resulted from the maltreatment abroad. As a licensed recruitment agency, Sigma assumed responsibilities under the Omnibus Rules and POEA Rules for the implementation of the employment contract, making it jointly and solidarily liable with the foreign-based employer for violations, including illegal dismissal. The factual findings of the POEA and NLRC on the maltreatment are binding, and the sister had capacity to sue as a real party in interest under a special power of attorney. Sumatre is entitled to full back wages for the unexpired contract period.