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Nahas v. Olarte

1) Olarte was deployed as a domestic helper to Saudi Arabia where she was maltreated by her employer, denied wages, and denied medical care when she became ill. She escaped and sought help at the Philippine Embassy to return home. 2) Olarte filed a complaint against the recruitment agency PETRA, its owner Nahas, and her foreign employer for illegal dismissal, damages, and refund of placement fees. Nahas denied the allegations. 3) The labor tribunals ruled against PETRA and Nahas, finding them solidarily liable under the law. The Court of Appeals affirmed this ruling, finding that although Nahas claims she was just an employee, she played a significant role

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444 views1 page

Nahas v. Olarte

1) Olarte was deployed as a domestic helper to Saudi Arabia where she was maltreated by her employer, denied wages, and denied medical care when she became ill. She escaped and sought help at the Philippine Embassy to return home. 2) Olarte filed a complaint against the recruitment agency PETRA, its owner Nahas, and her foreign employer for illegal dismissal, damages, and refund of placement fees. Nahas denied the allegations. 3) The labor tribunals ruled against PETRA and Nahas, finding them solidarily liable under the law. The Court of Appeals affirmed this ruling, finding that although Nahas claims she was just an employee, she played a significant role

Uploaded by

Dyrene Rosario Ungsod
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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MA.

CONSOLACION NAHAS, doing business under the name and style PERSONNEL
EMPLOYMENT AND TECHNICAL RECRUITMENT AGENCY vs. JUANITA L. OLARTE
G.R. No. 169247; June 2, 2014

FACTS:

Olarte was deployed as a domestic helper to Hail, Saudi Arabia for a contract term of two years. On the
hands of her foreign employer, she was maltreated, deprived of her salaries, and contracted an illness for which
no medical attention was not even provided. Not able to endure the suffering much longer, she found an
opportunity to escape, sought refuge at the Philippine Embassy, and was eventually brought home to the
Philippines. She filed a complaint for illegal dismissal, damages, attorneys fees and refund of placement fees
against Fahad and Nahas/PETRA/Royal Dream (the recruitment agency). Olarte alleged that she went to the
office of PETRA/Royal Dream where she was met and interviewed by Nahas, the manager and owner of said
agencies, who instructed her to sign what appeared to be a contract of employment. Nahas denies Olartes
allegations.

The Labor Arbiter ruled against PETRA/Royal Dream/Nahas. On appeal to the NRLC, Nahas, to further avoid
personal liability, made a new allegation that if at all, her only involvement was that she interviewed Olarte
when she was still connected with Royal Dream as a mere employee. The NLRC was not persuaded and
disposed of the case. Advancing the same arguments she raised before the labor tribunals, Nahas went to the
CA, but to no avail. The CA ruled in part: While Nahas claims that she is neither the proprietress nor one of the
officers of ROYAL at that time, her role or position with ROYAL was undeniably significant considering that
she took charge of interviewing Olarte and eventually made her sign the Contract of Employment. xxx We xxx
thus affirm Nahas liability in accordance with Section 64 of the Omnibus Rules and Regulations Implementing the
Migrant Workers and Overseas Filipino Act of 1995 (RA 9042), to wit: Section 64. Solidary Liability - The liability of
the principal/employer and the recruitment placement agency on any and all claims under this Rule shall be
joint and solidary. 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 solidarily liable with the corporation or
partnership for the aforesaid claims and damages xxx.

ISSUE: WON Nahas is solidarily liable with the recruitment agency for Olartes claims

RULING: YES. It must be stressed, at the outset, that the Court is not a trier of facts. Factual findings of the labor
tribunals, when affirmed by the CA, are generally accorded not only respect, but even finality, and are binding
on this Court. In this case, the LA, the NLRC, and the CA are one in their factual conclusion that Nahas, acting
for and in bhelaf of PETRA and Royal Dream, interviewed Olarte, caused her to sign an employment contract,
and facilitated and made possible her deployment abroad. The Court is, therefore, not duty-bound to inquire
into the accuracy of this factual finding, particularly in this case where there is no showing that it was arbitrary
and bereft of any rational basis.

As a final note, it is worth stating that recruitment agencies, as part of their bounded duty to protect the
welfare of the Filipino workers sent abroad from whom they take their profit, should in conscience not add to
the misery of maltreated and abused Filipino workers by denying them the reparation to which they are entitled.
Instead, they must faithfully comply with their government prescribed responsibilities and be the first to
ensure the welfare of the very people upon whose patronage their industry thrives.

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