Questions no.

3,9 and 15

3. Cite five grounds for disciplinary action by the Philippine

Overseas Employment Administration (POEA) against overseas
workers. (5%) 2007 Bar Exam
Answer:
According to, book VII employer- employee relation cases of rule VII
Disciplinary action for overseas contract workers

Section 2. Grounds for Disciplinary Action. - Commission by the worker of

any of the offenses enumerated below or of similar offenses while working
overseas shall be subject to appropriate disciplinary actions as the
Administration may deem necessary:

1. Commission of a felony or crime punishable by Philippine Laws or by the

laws of the host country;

2. Drug addiction or possession or trafficking of prohibited drugs;

3. Desertion or abandonment;

4. Drunkenness, especially where the laws of the host country prohibit

intoxicating drinks;

5. Gambling especially where the laws of the host country prohibit the
same;

*in this section 2 there are 14 grounds for disciplinary action

2nd Answer base sa reviewer ni sir na binigay nya class last meeting….
REVISED POEA RULES AND REGULATIONS GOVERNING THE RECRUITMENT AND
EMPLOYMENT OF LANDBASED OVERSEAS FILIPINO WORKERS OF 2016

Answer: Section 145 (I)Grounds for Disciplinary Action and their Penalties. — Commission by
an Overseas Filipino Worker of any of the offenses enumerated below shall be a ground for
disciplinary action for which the corresponding penalties shall be imposed:

I. SERIOUS OFFENSES:

A. Pre-Employment Offenses

a. Submitting, furnishing or using false information or documents or any form of

misrepresentation for the purpose of job application or employment. b. Unjustified
refusal to continue his/her application after signing an employment contract, or to
depart for the worksite after all employment and travel documents have been duly
approved by the appropriate government agencies.

Penalty: 1 st Offense — Suspension from participation in the overseas employment

program(Six months to One year)

2 nd Offense — Suspension from participation in the overseas employment

program(One year and one day to Two years)

3 rd Offense — Permanent Disqualification from participation in the overseas

employment program.

B. Offenses during Employment

a. Commission of a felony, or crime punishable by the laws of the Philippines or by

the host country, committed during employment.

b. Assaulting a fellow worker, the principal/employer or any member of his/her family,

or any of the directors, officers, managerial or supervisorial staff of the
principal/employer.

c. Grave abuse of authority by an officer exercising supervision over other

employees. d. Possession or use of prohibited drugs, contraband, alcohol or
pornographic materials in violation of company policy or laws of the host country. e.
Unjustified refusal to be repatriated in case of mandatory repatriation in accordance
with the declaration of the Philippine government.

d. Possession or use of prohibited drugs, contraband, alcohol or pornographic

materials in violation of company policy or laws of the host country. e. Unjustified
 refusal to be repatriated in case of mandatory repatriation in accordance with the
declaration of the Philippine government.

e. Unjustified refusal to be repatriated in case of mandatory repatriation in

accordance with the declaration of the Philippine government.

9. What is the nature of the liabilities of the local recruitment

agency and its foreign principal? (Multiple Choice)
a. The local agency is jointly liable with the foreign principal; severance
of relations between the local agent and the foreign principal dissolves the
liability of the local agent recruiter;
b. Local agency is solidarily liable with the foreign principal; severance
of relations between the local agent and the foreign principal dissolves the
liability of the foreign principal. only;
c. Local agency is solidarily liable with the foreign principal;
severance of relations between the local agent and foreign principal
does not affect the liability of the foreign principal;
d. Local agency is jointly liable with the foreign principal; severance of
the relations between the local agent and the foreign principal does not
affect the liability of the local recruiter.

According to (Coyoca vs. National Labor Relations Commission March 31,1995 Gr. 113658)
Same,Same,Same,: Liability of Recruitment Agency

We have held in previous cases that a recruitment agency is solidarily

liable with a foreign principal for the unpaid salaries of a worker
it recruited for employment in accordance with Section 10, Rule V
of the Implementing Regulations of the Labor Code. Under this
ruling, the agency is liable for the payment of petitioner’s
medical/disability benefits in the event that the principal fails or
refuses to pay the benefits or wages due the seamen. Therefore,
although petitioner may not be a regular employee of private
respondent, the latter would still have been liable for payment of
the benefits had the principal failed to pay the same.
15. A was approached for possible overseas deployment to Dubai
by X, an interviewer of job applicants for Alpha Personnel
Services, Inc., an overseas recruitment agency. X required A to
submit certain documents (passport, NBI clearance, medical
certificate) and to pay P25,000 as processing fee. Upon payment
of the said amount to the agency cashier, A was advised to wait
for his visa. After five months, A visited the office of Alpha
Personnel Services, Inc. during which X told him that he could no longer
be deployed for employment abroad. A was informed by the
Philippine Overseas Employment Administration (POEA) that
while Alpha Personnel Services, Inc. was a licensed agency, X
was not registered as its employee, contrary to POEA Rules and
Regulations. Under POEA Rules and Regulations, the obligation to
register personnel with the POEA belongs to the officers of a
recruitment agency. May X be held criminally liable for illegal
recruitment? Explain. (2%) 2010 Bar Exam

Answer:

No, X performed his work with the knowledge that he works for a licensed
recruitment agency. He is in no position to know that the officers of said
recruitment agency failed to register him as its personnel
(People v. Chowdury, 325 SCRA 572 [2000]).

The fault not being attributable to him, he may be considered to have

apparent authority to represent Alpha in recruitment for overseas
employment.