Title: Orlanes v.

Stella Marris Shipmanagement, INC

G. R No. 247702 June 14, 2021
Petitioners: Antonio D. Orlanes
Respondents: Stella Marris Shipmanagement, Inc., Fairport Shipping Co.,
LTD., and/or Danilo Navarro

FACTS:
Orlanes was employed by respondents as Master on board the vessel M/V Ori-
onis. However, respondents did not pay his salary. Stella Marris argued that
they only executed an Affidavit of Assumption of Responsibility to seafarers
originally processed and recruited by its immediate predecessor, Global Gate-
way Crewing Services, Inc. While Orlanes was hired by Skippers United Pacific
Inc.

ISSUE:
Whether Skipper, Global, and Stella Marris are solidarily liable with Fairport
to pay Orlanes his salary

RULING:
NO. There is no dispute that Skippers was the original manning agent of Fair-
point which recruited Orlanes and processed his employment with the former.
As the accredited local manning agency for Fairport, Skippers assumed joint
and solidary liability with the latter under the contract of employment of Or -
lanes as mandated by law.

Under the "Migrant Workers and Overseas Filipinos Act of 1995," as

amended by RA 10022, the local manning agency assumes "joint and sol-
idary liability with the employer for all claims and liabilities which may
arise in connection with the implementation of the employment contract." This
liability remains intact and extends up to and until the expiration of the
employment contracts of the employees recruited and employed pursuant
to the said agreement and covers any and all claims arising therefrom.

Stella Marris is not solidarily liable. The Court held that while the Affidavits
of Assumption of Responsibility executed between Skippers, as the original
manning agency, and the two other succeeding manning agencies were valid,
said affidavits are not enforceable against the seafarers because they are not
parties thereto. As such, citing Sec 1 of Rule II of the 2003 POEA Rules and
Regulations, Skippers cannot exempt itself from all the seafarer’s claim and lia-
bilities arising from the implementation of the contract executed between them
Fairport once again changed and transferred its registration/accreditation, as
well as the manning of its vessels to Stella Marris on November 17, 2011. Ac-
cordingly, an Affidavit of Assumption of Responsibilities was executed by Stella
Marris covering those contractual obligations of Fairport that were "originally
processed and by Global." Notably, the limitation to Stella Marris' assumption
of liability is consistent with the 2003 POEA Rules and Regulations which, as
earlier mentioned, pertains only to the liability of the substitute manning agent
to those contracts originally recruited by the transferor. Hence, considering
that it was Skippers who originally recruited and processed Orlanes' em-
ployment and not Global, Stella Marris did not assume liability for Orlanes'
claims under his contract with Skippers.