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OSM SHIPPING PHILIPPINES v. NLRC

This case has been cited 6 times or more.

	GR No. 169158 2015-07-01	PENTAGON INTERNATIONAL SHIPPING SERVICES v. CA BERSAMIN, J.
In this regard, we reiterate the pronouncement in OSM Shipping Philippines, Inc. vs. National Labor Relations Commission,[19] as follows:x x x Joint and solidary liability is meant to assure aggrieved workers of immediate and sufficient payment of what is due them. The fact that petitioner and its principal have already terminated their agency agreement does not relieve the former of its liability. The reason for this ruling was given by this Court in Catan vs. National Labor Relations Commission, which we reproduce in part as follows:
	GR No. 165935 2012-02-08	BRIGHT MARITIME CORPORATION /DESIREE P. TENORIO v. RICARDO B. FANTONIAL PERALTA, J.
An employment contract, like any other contract, is perfected at the moment (1) the parties come to agree upon its terms; and (2) concur in the essential elements thereof: (a) consent of the contracting parties, (b) object certain which is the subject matter of the contract, and (c) cause of the obligation.[20] The object of the contract was the rendition of service by respondent on board the vessel for which service he would be paid the salary agreed upon.
	GR No. 186605 2010-11-17	CENTRAL AZUCARERA DE BAIS EMPLOYEES UNION-NFL v. CENTRAL AZUCARERA DE BAIS MENDOZA, J.
With respect to the alleged failure of CAB to indicate the address of CABEU-NFL in the CA petition, it appears that CABEU-NFL is misleading the Court. A perusal of the petition[27] filed before the CA reveals that CAB indeed indicated both the name[28] and address[29] of CABEU-NFL. Moreover, the indication in said petition by CAB that CABEU-NFL could be served with court processes through its counsel was substantial compliance with the Rules.[30]
	GR No. 171098 2008-02-26	JUAN G. GARCIA v. CA and GARCIA PASION DEVELOPMENT CORPORATION CHICO-NAZARIO, J.
It is true that Section 3 of Rule 46 does not require that all supporting papers and documents accompanying a petition be duplicate originals or certified true copies.[17] However, it explicitly directs that all cases originally filed in the Court of Appeals shall be accompanied by a clearly legible duplicate original or certified true copy of the judgment, order, resolution or ruling subject thereof. [18] Similarly, under Rule 65, which covers certiorari, prohibition and mandamus, petitions need to be accompanied only by duplicate originals or certified true copies of the questioned judgment, order or resolution.[19] Other relevant documents and pleadings attached to it may be mere machine copies thereof.[20] In the case at bar, petitioners failed to attach duplicate originals or certified true copies of the assailed Orders of the RTC, dated 22 February 2005 and 7 April 2005. What they affixed were machine or xerox copies of the same. Plainly put, petitioners contravened the obvious rudiments of the rules.
	GR NO. 166363 2006-08-15	SKIPPERS UNITED PACIFIC v. JERRY MAGUAD CHICO-NAZARIO, J.
Accordingly, despite the execution of the Affidavits of Assumption of Responsibility by other manning agencies, the petitioner Skippers United Pacific Inc. cannot exempt itself from all the claims and liabilities arising from the implementation of the contract executed between the said petitioner and the respondents. It is very clear from the above-cited provisions of the Rules and Regulations of the POEA that the manning agency shall assume joint and solidary liability with the employer. Joint and solidary liability is meant to assure aggrieved workers of immediate and sufficient payment of what is due them.[48] The reason for this ruling was given by this Court in Catan v. National Labor Relations Commission,[49] which is reproduced in part below:This must be so, because the obligations covenanted in the recruitment [manning] agreement entered into by and between the local agent and its foreign principal are not coterminus with the term of such agreement so that if either or both of the parties decide to end the agreement, the responsibilities of such parties towards the contracted employees under the agreement do not at all end, but the same extends up to and until the expiration of the employment contracts of the employees recruited and employed pursuant to the said recruitment agreement. Otherwise, this will render nugatory the very purpose for which the law governing the employment of workers for foreign jobs abroad was enacted.
	GR NO. 154308 2005-03-10	BERNARDINO A. CAINGAT v. NLRC QUISUMBING, J.
Section 1, Rule 65 of the 1997 Rules of Civil Procedure[12] is unequivocal. It requires that the petition for certiorari shall be accompanied by (1) a certified true copy of the judgment or order subject thereof,[13] (2) copies of all pleadings and documents relevant and pertinent thereto, and (3) a sworn certification of non-forum shopping as provided in par. 3, Section 3, Rule 46. The enumerated documents should be attached in a petition. Any contrary interpretation would run counter to the very purpose of the rule of providing the appellate court sufficient basis for the resolution of the petition.