SECOND DIVISION
[G.R. No. 210962. February 26, 2014.]
POWERHOUSE STAFFBUILDERS INTERNATIONAL, INC. AND WILLIAM C. GO, petitioners, vs. NATIONAL LABOR RELATIONS COMMISSION AND BRIONES C. GUTIERREZ, JR., respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 26 February 2014 which reads as follows:
G.R. No. 210962 (Powerhouse Staffbuilders International, Inc. and William C. Go v. National Labor Relations Commission and Briones C. Gutierrez, Jr.).
After a judicious perusal of the records, the Court resolves to DENY the instant petition and AFFIRM the July 31, 2013 Decision 1 and January 13, 2014 Resolution 2 of the Court of Appeals (CA) in CA-G.R. SP No. 122443 for failure of petitioners Powerhouse Staffbuilders International, Inc. (PSII) and William C. Go to show that the CA committed any reversible error in holding Briones C. Gutierrez, Jr. (private respondent) to have been constructively dismissed. EHCaDS
As correctly ruled by the CA, despite the existence of his 12-month contract, private respondent was forced to stop his work since September 8, 2008, and worse, was not paid his salary from July 2008 without any assistance. Further, the CA is also correct in holding the solidary liability of William C. Go and Edna Fermie, as Presidents respectively, of PSII and R & D Recruitment and Staffing Services LLC, as provided under Section 7 3 of Republic Act No. 10022. 4 (Brion, J., on leave. Leonen, J., designated Acting Member per Special Order No. 1643 dated February 25, 2014.)
SO ORDERED.
Very truly yours,
(SGD.) MA. LOURDES C. PERFECTODivision Clerk of Court
Footnotes
1. Rollo, pp. 30-41. Penned by Associate Justice Elihu A. Ybañez, with Associate Justices Japar B. Dimaampao and Manuel M. Barrios, concurring.
2. Id. at 43-44.
3. Section 7 of Republic Act No. 10022 provides:
Sec. 7. Section 10 of Republic Act No. 8042, as amended, is hereby amended to read as follows:
"SEC. 10. Money Claims. — Notwithstanding any provision of law to the contrary, the Labor Arbiters of the National Labor Relations Commission (NLRC) shall have the original and exclusive jurisdiction to hear and decide, within ninety (90) calendar days after the filing of the complaint, the claims arising out of an employer-employee relationship or by virtue of any law or contract involving Filipino workers for overseas deployment including claims for actual, moral, exemplary and other forms of damage. Consistent with this mandate, the NLRC shall endeavor to update and keep abreast with the developments in the global services industry.
"The liability of the principal/employer and the recruitment/placement agency for any and all claims under this section shall be joint and several. This provision shall be incorporated in the contract for overseas employment and shall be a condition precedent for its approval. The performance bond to be filed by the recruitment/placement agency, as provided by law, shall be answerable for all money claims or damages that may be awarded to the workers. If the recruitment/placement agency is a juridical being, the corporate officers and directors and partners as the case may be, shall themselves be jointly and solidarity liable with the corporation or partnership for the aforesaid claims and damages.
xxx xxx xxx (Underlining ours)
4. Entitled "AN ACT AMENDING REPUBLIC ACT NO. 8042, OTHERWISE KNOWN AS THE MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT OF 1995, AS AMENDED, FURTHER IMPROVING THE STANDARD OF PROTECTION AND PROMOTION OF THE WELFARE OF MIGRANT WORKERS, THEIR FAMILIES AND OVERSEAS FILIPINOS IN DISTRESS, AND FOR OTHER PURPOSES."