Feagle Construction Corporation v. Gayda

GANCAYCO, J.:

The singular issue in this case is whether or not petitioner may be held solidarily liable with the foreign employer for any unpaid claims of private respondents against their foreign principal employer for any unpaid claims of private respondents against their foreign principal employer even as they have a stipulation to this effect. This petition (G.R. No. 82310) was previously dismissed on March 23, 1988 for failure of Petitioner to sufficiently to show that the respondent Commission had committed a grave abuse of discretion in rendering its questioned judgment.1 An amended petition was filed on April 4, 1988.2 The amended petition was given due course on July 4, 1988.3 Petitioner questions the decision of the First Division of public respondent National Labor Relations Commission4 dated January 29, 1988 in POEA Case No. L-86-10-971, which modified the decision dated July 20, 1987, of Commissioner Tomas D. Achacoso of the Philippine Overseas Employment Administration dated July 20, 1987, excluding petitioner's officials Florentino Aguila and Rene Aguila from liability, but affirming the liability of the petitioner to private respondents on the ground that petitioner is solidarily liable together with the private respondents' foreign employer-Algosaibi-Bison Ltd., Dammam, Saudi Arabia.5 The modified decision of administrator Achacoso has the following dispositive portion.

WHEREFORE, premises considered, respondents Feagle Construction Corporation, Florentino Aguila and Rene Aguila and its (sic) foreign principal Algosaibi Bison, Ltd., Dammam, Saudi Arabia are hereby held jointly and severally liable to pay herein complainants within ten (10) days from receipt of this Order, the peso equivalent at the time of actual payment of the sum appearing opposite complainants' names representing their total claim for unpaid salaries/wages, remittances and other benefits, to wit: 1. Elpidio Agpalza S.R. 19,245.00 2. Miguel Batoon 9,433.00 3. Eligio Cuenco 18,015.00 4. Claro Cunanan 16,409.00 5. Santiago Curameng 13,065.00 6. Manuel Daco 9,062.00 7. Eduardo Depone 24,038.00 8. Raymundo Ervera 15,235.00 9. Jose Estabillo 9,358.00 10. Rogelio Figueroa 19,554.00 11. Gavino Gayda 14,977.00 12. Artemio Hulingnga 8,581.00 13. Jorge Iting 18,436.00 14. Erqiliano Macam 13,436.00 15. Alexander Maputol 16,394.00 16. Avelino Mendoza 8,124.00 17. Rogelio Noo 18,930.00 18. Rolando Patinio 18,598.00 19. Vitiliano Pena 16,187.00 20. Rolly Perales 10,713.00 21. Dominador Sta. Catalina 12,767.00 22. Arsenio L. Santos 17,708.00 23. Felipe Tesado 14,236.00