G.R. No. 169652 ; October 9, 2006
ASIAN INTERNATIONAL MANPOWER SERVICES, INC. (AIMS), petitioner, vs. COURT OF APPEALS and ANICETA LACERNA, respondents.

FACTS

Respondent Aniceta Lacerna was recruited by petitioner AIMS for deployment to Hong Kong. Her initial contract with employer Low See Ting was cancelled before deployment, but AIMS advised her to proceed anyway, assuring her of employment. Upon arrival, she was assigned to employer Charmain, who dismissed her on May 2, 2000. She was then transferred to employer Donna Tam Ching-yee, who dismissed her on June 30, 2000 without stating any reason. Her subsequent attempt to secure a new employer, Daisy Lee, failed after the Hong Kong government denied her change of employer application, leading to her repatriation.
AIMS contested her claims, alleging Lacerna had first worked for and resigned from Low See Ting, presenting a purported resignation letter. Lacerna denied this, asserting the signature was forged and that Low See Ting had cancelled the contract before she left the Philippines. The Labor Arbiter and NLRC ruled in favor of AIMS, finding no illegal dismissal. The Court of Appeals reversed, declaring Lacerna illegally dismissed and holding AIMS solidarily liable.

ISSUE

(1) Was Lacerna illegally dismissed? (2) May AIMS be held liable for her monetary claims?

RULING

Yes, Lacerna was illegally dismissed. The Supreme Court affirmed the Court of Appeals, ruling that her last employer was Donna, who terminated her without providing any reason. In termination cases involving overseas Filipino workers, the burden of proving a just or authorized cause rests with the foreign employer and the local recruitment agency. Since no valid cause was established, the dismissal was illegal.
Yes, AIMS is solidarily liable. The Court rejected AIMS’s defense that its liability was limited to the initial cancelled contract with Low See Ting. The Hong Kong Immigration Department’s records confirmed Lacerna’s employment commenced with Charmain, not Low See Ting. Under Section 10 of R.A. No. 8042 (Migrant Workers Act), the solidary liability of the local agency and foreign principal is not affected by any substitution or modification of the employment contract. Therefore, AIMS remained liable for the illegal dismissal by the subsequent employer. The Court, however, deleted the awards for moral and exemplary damages for lack of proof that the dismissal was attended by bad faith, fraud, or oppressive conduct. The award for attorney’s fees was sustained as Lacerna was compelled to litigate.