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    Pacific Asia Overseas Shipping Vs NLRC and Rances

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    Abdulateef Sahibuddin
    Pacific Asia Overseas Shipping appealed a decision by the Philippine Overseas Employment Administration (POEA) regarding a claim by their former employee, Rances. Rances had been employed abroad by Gulf-East Ship Management but was dismissed. He sued Gulf-East in Dubai and received a settlement. Back in the Philippines, Pacific Asia sued Rances and he filed a counterclaim. POEA initially ruled in favor of Pacific Asia but did not address Rances' counterclaim. Rances then filed a separate case and provided the Dubai court decision awarding him settlement. This time he won. Pacific Asia appealed but the appeal was one day late. The National Labor Relations Commission (NLRC) and POEA denied the

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    Pacific Asia Overseas Shipping Vs NLRC and Rances

    Uploaded by

    Abdulateef Sahibuddin
    31 views1 page
    Pacific Asia Overseas Shipping appealed a decision by the Philippine Overseas Employment Administration (POEA) regarding a claim by their former employee, Rances. Rances had been employed abroad by Gulf-East Ship Management but was dismissed. He sued Gulf-East in Dubai and received a settlement. Back in the Philippines, Pacific Asia sued Rances and he filed a counterclaim. POEA initially ruled in favor of Pacific Asia but did not address Rances' counterclaim. Rances then filed a separate case and provided the Dubai court decision awarding him settlement. This time he won. Pacific Asia appealed but the appeal was one day late. The National Labor Relations Commission (NLRC) and POEA denied the

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    Pacific Asia Overseas Shipping appealed a decision by the Philippine Overseas Employment Administration (POEA) regarding a claim by their former employee, Rances. Rances had been employed abroad by Gulf-East Ship Management but was dismissed. He sued Gulf-East in Dubai and received a settlement. Back in the Philippines, Pacific Asia sued Rances and he filed a counterclaim. POEA initially ruled in favor of Pacific Asia but did not address Rances' counterclaim. Rances then filed a separate case and provided the Dubai court decision awarding him settlement. This time he won. Pacific Asia appealed but the appeal was one day late. The National Labor Relations Commission (NLRC) and POEA denied the

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    31 views1 page

    Pacific Asia Overseas Shipping Vs NLRC and Rances

    Uploaded by

    Abdulateef Sahibuddin
    Pacific Asia Overseas Shipping appealed a decision by the Philippine Overseas Employment Administration (POEA) regarding a claim by their former employee, Rances. Rances had been employed abroad by Gulf-East Ship Management but was dismissed. He sued Gulf-East in Dubai and received a settlement. Back in the Philippines, Pacific Asia sued Rances and he filed a counterclaim. POEA initially ruled in favor of Pacific Asia but did not address Rances' counterclaim. Rances then filed a separate case and provided the Dubai court decision awarding him settlement. This time he won. Pacific Asia appealed but the appeal was one day late. The National Labor Relations Commission (NLRC) and POEA denied the

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    © All Rights Reserved
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    Download as docx, pdf, or txt
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    Pacific Asia Overseas Shipping vs

    NLRC and Rances


    Labor Standards – Delay in Filing Appeal (Employer) – Foreign Judgments Cannot Be Enforced by
    POEA

    Pacific Asia is an overseas employment agency that provided Rances work abroad. Rances was
    engaged by Gulf-East Ship Management a Radio Operator but due to insubordination he was
    dismissed our months later. According to Rances he sued Gulf-East in Dubai and the Gulf-East
    compromised with him that instead of paying him $9k+ they’ll just pay him $5.5k plus his fare going
    home to the Philippines plus if in case Rances’ wife does not agree with the amount of the
    allowance being sent to her via Pacific Asia, Rances is entitled to have $1.5k more from pacific Asia.

    Back in the Philippines, Rances was sued by Pacific Asia for acts unbecoming of a marine officer
    (due in part to his insubordination to Pacific Asia’s client). Rances filed a counterclaim for the $1.5k
    as his wife did not agree with the monthly allowance sent by Pacific Asia to her. POEA ruled in
    favor of Pacific Asia but did not rule on Rances’ counterclaim. Rances then filed a separate case for
    his $1.5k claim. Rances produced the original copy of the Dubai court decision awarding him the
    compromised amount of $5.5k. The said court decision was in Arabic but it came with an English
    translation. It also came with a certification from a certain Mohd Bin Saleh who was purportedly an
    Honorary Consul for the Philippines. This time he won.

    Pacific Asia appealed but its appeal was one day late after the reglementary period. POEA denied the
    appeal. NLRC likewise denied the appeal.

    ISSUE: Whether or not Pacific Asia can be allowed to appeal.

    HELD: Yes. The delay was due to an excusable mistake. Apparently, there was a mistake in the
    filing of the appeal when the new messenger honestly thought that the appeal was supposed to be
    filed in NLRC Intramuros but actually it was supposed to be in POEA Ortigas (that happened to be
    the last day as well, and when he was advised to go to Ortigas, offices were already closed).

    Also, on the merits; POEA has no jurisdiction to enforce foreign judgments. It’s the regular courts
    that have jurisdiction. The POEA is not a court; it is an administrative agency exercising, inter alia,
    adjudicatory or quasi-judicial functions. Further, Rances is not suing on the strength of an employer-
    employee relationship between him and Gulf-East, but rather on the strength of a foreign judgment.

    And, even if the POEA has jurisdiction over the matter, it cannot take in evidence the alleged original
    copy o the court decision from Dubai as it was not properly authenticated pursuant to the Rules of
    Court (Sect 25, 26 Rule 132). The translation was also not duly authenticated. And an honorary
    consul is not authorized to make authentication of foreign public records.

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