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    Case No. 4

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    Almira
    This case involved a claim by Kathleen Saco, the widow of Victaliano Saco, the chief officer of the M/V Eastern Polaris who was killed in an accident in Tokyo, Japan. The POEA awarded Mrs. Saco death and burial benefits under its Memorandum Circular No. 2. Eastern Shipping Lines argued the POEA did not have jurisdiction and the complaint should be filed with the social security system. However, the Supreme Court upheld the POEA's jurisdiction, as Mr. Saco qualified as an overseas worker under the definition in the 1985 Rules. The Court also found Memorandum Circular No. 2 was a valid administrative regulation guiding the POEA's authority,

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    Case No. 4

    Uploaded by

    Almira
    21 views2 pages
    This case involved a claim by Kathleen Saco, the widow of Victaliano Saco, the chief officer of the M/V Eastern Polaris who was killed in an accident in Tokyo, Japan. The POEA awarded Mrs. Saco death and burial benefits under its Memorandum Circular No. 2. Eastern Shipping Lines argued the POEA did not have jurisdiction and the complaint should be filed with the social security system. However, the Supreme Court upheld the POEA's jurisdiction, as Mr. Saco qualified as an overseas worker under the definition in the 1985 Rules. The Court also found Memorandum Circular No. 2 was a valid administrative regulation guiding the POEA's authority,

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    Case #4

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    This case involved a claim by Kathleen Saco, the widow of Victaliano Saco, the chief officer of the M/V Eastern Polaris who was killed in an accident in Tokyo, Japan. The POEA awarded Mrs. Saco death and burial benefits under its Memorandum Circular No. 2. Eastern Shipping Lines argued the POEA did not have jurisdiction and the complaint should be filed with the social security system. However, the Supreme Court upheld the POEA's jurisdiction, as Mr. Saco qualified as an overseas worker under the definition in the 1985 Rules. The Court also found Memorandum Circular No. 2 was a valid administrative regulation guiding the POEA's authority,

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    21 views2 pages

    Case No. 4

    Uploaded by

    Almira
    This case involved a claim by Kathleen Saco, the widow of Victaliano Saco, the chief officer of the M/V Eastern Polaris who was killed in an accident in Tokyo, Japan. The POEA awarded Mrs. Saco death and burial benefits under its Memorandum Circular No. 2. Eastern Shipping Lines argued the POEA did not have jurisdiction and the complaint should be filed with the social security system. However, the Supreme Court upheld the POEA's jurisdiction, as Mr. Saco qualified as an overseas worker under the definition in the 1985 Rules. The Court also found Memorandum Circular No. 2 was a valid administrative regulation guiding the POEA's authority,

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Case No.

    4
    EASTERN SHIPPING LINES, INC vs PHILIPPINE OVERSEAS
    EMPLOYMENT ADMINISTRATION (POEA), MINISTER OF LABOR AND
    EMPLOYMENT.
    G.R. No. 76633 October 18, 1988

    Facts:

     The Supreme Court acknowledged or defined Mr. Victaliano Saco as an Overseas


    Contract Worker (OCW), he was the Chief Officer of the M/V Eastern Polaris and was
    killed in an accident in Tokyo, Japan in the past March 15, 1985. His widow sued for
    damages under Executive Order No. 797 and Memorandum Circular No. 2 of the POEA.
     The petitioner on the other hand argued that the complaint should not be directed from
    them because the POEA doesn’t recognize the complaint but the Social Security System
    does, and they should complain in the State Fund Insurance.
     Still, the POEA assumed jurisdiction and after considering the position papers of the
    parties ruled in favor of the complainant. That’s why the petitioner decided to bring the
    case on the court, prompting the Solicitor General to move the dismissal because of
    non-exhaustion of administrative bodies.

    Issues:

     Whether or not the POEA (Philippine Overseas Employment Administration) had


    jurisdiction over the case as the husband was not an overseas worker.
     Whether or not the validity of Memorandum Circular No. 2 itself as violative of the
    principle of non-delegation of legislative power.
     Whether or not has the petitioner been denied due process because the same POEA
    that issued Memorandum Circular No. 2

    Decision:

     The private respondent (Kathleen D. Saco) in this case was awarded the sum of
    192,000.00 pesos (180,000 pesos for death benefits and 12,000 pesos for burial
    expenses) by the POEA (Philippine Overseas Employment Administration) for the death
    of her husband. These expenses were made by the POEA pursuant to its Memorandum
    Circular No. 2, which became effective on February 1, 1984. This circular prescribed a
    standard contract to be adopted by both foreign and domestic shipping companies in the
    hiring of Filipino seamen for overseas employment.
     The claim of the POEA that Mr. Sato is not an overseas employee was not accepted due
    to the fact that, according to the1985 Rules and regulations on Overseas Employment:

    o “Overseas employment is defined as "employment of a worker outside the


    Philippines, including employment on board vessels plying international waters,
    covered by a valid contract."
    o Any person working or who has worked overseas under a valid employment
    contract and shall include seamen.
    o Any person working overseas or who has been employed by another which may
    be a local employer, foreign employer, principal or partner under a valid
    employment contract and shall include seamen.
    And these qualifications apply to Mr. Sato because he died while under a contract of
    employment with the petitioner and alongside petitioner’s vessel while in a foreign country.

     Memorandum Circular No. 2 is cardinal rights that was laid down was observed and an
    administrative regulation, which has the force and effect of law. The power of the POEA
    in requiring the model contract is not unlimited as there is a sufficient standard guiding
    the delegated in the exercise of the said authority. It was stated in the Executive Order
    No. 797, the creation of POEA is also to protect the rights of overseas Filipino workers
    into fair and equitable employment practices.
     Denial of Due Process is not evident as the cardinal rights laid down by Justice Laurel is
    Observed there is no administrative agencies that are vested with two basic powers,
    these administrative agencies are the quasi-legislative and the quasi-judicial. Quasi-
    Legislative promulgates implementing rules and regulations and the Quasi-Judicial
    enables them to interpret and apply such regulations.

    Name of Case Presenters: Oral Presentation (30) Written (30)


    Abelon, Carlo
    Laus,Christian P.

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