G.R. No. 253020, December 07, 2022
QUESTCORE, INC., PETITIONER, VS. MELODY A. BUMANGLAG, RESPONDENT.

FACTS

Petitioner Questcore, Inc. is a recruitment agency. It deployed respondent Melody A. Bumanglag as operations head for its foreign principal, Cosmo Seafoods Ltd., in Ghana under a 12-month contract from May 10, 2013, to May 10, 2014. Melody was later promoted and her contract was renewed for three successive years, with the last contract covering May 1, 2016, to April 30, 2017. On October 25, 2016, before the expiration of her last contract, Melody was dismissed without just cause and repatriated. She filed a complaint for illegal dismissal and monetary claims. Questcore denied liability, arguing its solidary liability with the foreign employer extended only to the first contract and that it was not privy to the subsequent renewals. The Labor Arbiter ruled in favor of Melody, declaring her illegally dismissed and holding Questcore solidarily liable with Cosmo. The National Labor Relations Commission (NLRC) affirmed with modification. The Court of Appeals (CA) affirmed the NLRC with the modification of awarding reimbursement of the placement fee with interest. Questcore filed the present petition, insisting it should not be solidarily liable for the dismissal under the renewed contracts.

ISSUE

Whether petitioner Questcore, Inc. should be held solidarily liable with its foreign principal, Cosmo Seafoods Ltd., for the illegal dismissal and money claims of respondent Melody A. Bumanglag arising from her employment under successively renewed contracts.

RULING

Yes. The petition is denied. The Court upheld the solidary liability of the local recruitment agency (Questcore) with the foreign principal (Cosmo) for the illegal dismissal and money claims of the overseas worker. The solidary liability imposed by Section 10 of Republic Act No. 8042 (The Migrant Workers and Overseas Filipinos Act of 1995, as amended) continues for the entire duration of the employment contract and is not affected by any substitution, amendment, or modification. The fact that the employment contracts were renewed does not sever the agency relationship or extinguish the agency’s liability. The law is a social legislation designed to give greater protection to overseas Filipino workers, ensuring their claims are not hindered by procedural issues. The Court distinguished the cited case of Sunace International Management Services, Inc. v. NLRC, noting it involved a situation where the foreign principal directly negotiated a new contract with the employee after the termination of the original contract, implying revocation of the agency. Here, the renewals were a continuation of the original employment relationship facilitated by the agency. Therefore, Questcore remains solidarily liable with Cosmo for Melody’s illegal dismissal and monetary awards.