Becmen Service Exporter and Promotion v Sps.

Simplicio and Mila Cuaresma (in behalf of daughter Jasmin), White Falcon Services, and Jaime Ortiz (Pres. Of White Falcon) Sps. Cuaresma (in behalf of Jasmin) v White Falcon and Becmen Facts: Jan 1997 Jasmin was deployed by Becmen to serve as assistant nurse in Al-Birk Hospital in Saudi under a 3 year contract, for $247/mo. June 1998 - she died. Jessie Fajardo, co-worker, found her dead inside her dormitory room with mouth foaming and smelling of poison. Medical report of Al-Birk Hosp stated that the cause of death was poisoning halt in blood circulation, respiratory system and brain damage due to poisoning from unknown substance. Sep 1998 her body was repatriated to Manila. The City Health Officer of Cabanatuan found that Jasmin died under violent circumstances not poisoning abrasions at her inner lip and gums; lacerated wounds and abrasions on her left and right ears; lacerated wounds and hematoma (contusions) on her elbows; abrasions and hematoma on her thigh and legs; intra-muscular hemorrhage at the anterior chest; rib fracture; puncture wounds; and abrasions on the labia minora. Mar 1999 Jasmins body was exhumed by NBI. Toxicology report tested negative ffor non-volatile, metallic poison and insecticides. Sps. Cuaresmas received from OWWA the following: 50k death benefits, 50k loss of life; 20k funeral expenses; 10k medical reimbursement. Nov 1999 Sps. Filed complaint against Becmen and Rajab & Silsilah Co (principal in Saudi) claiming death and insurance benefits. Sps. Claim that Jasmins death was work-related having occurred at the employers premises; their entitled to iqama insurance; compensatory damages amounting to $103k which is the sum of her monthly salary 35 years (she was 25 yo when she died, assuming she would survive until 60 yo). Becmen and Rajab claim that Jasmin committed suicide and relied on the medical report of Al Birk. They deny liability since the Sps. Had already received their benefits from OWWA. Later, Becmen manifested that Rajab had terminated their agency, and impleaded White Falcon as the new agency of Rajab. Summary of Rulings Issues LArb dismissed for lack of merit, giving credence to Al Birk medical report NLRC reversed, found Jasmin a victim of compensable work-connected criminal aggression; both agencies are solidarily liable to pay $113; later reduced to $80k CA affirmed; later reduced the award to $8k (monthly salary x remaining contract period)

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WON entitled to insurance NO WON death is compensable NO WON death was by suicide NO WON Becmen and Falcon are liable YES, solidary liability

1. NOT entitled to insurance. The terms and conditions of Jasmins 1996 Employment Agreement which she and her employer Rajab freely entered into constitute the law between them. As a rule, stipulations in an employment contract not contrary to statutes, public policy, public order or morals have the force of law between the contracting parties. An examination of said employment agreement shows that it provides for no other monetary or other benefits/privileges than the following: 1. 1,300 rials (or US$247.00) monthly salary;

2. Free air tickets to KSA at the start of her contract and to the Philippines at the end thereof, as well as for her vacation at the end of each twenty four-month service; 3. 4. Transportation to and from work; Free living accommodations;

5. Free medical treatment, except for optical and dental operations, plastic surgery charges and lenses, and medical treatment obtained outside of KSA; 6. Entry visa fees will be shared equally between her and her employer, but the exit/re-entry visa fees, fees for Iqama issuance, renewal, replacement, passport renewal, sponsorship transfer and other liabilities shall be borne by her; 7. Thirty days paid vacation leave with round trip tickets to Manila after twenty four-months of continuous service; 8. Eight days public holidays per year;

9. The indemnity benefit due her at the end of her service will be calculated as per labor laws of KSA. Thus, the agreement does not include provisions for insurance, or for accident, death or other benefits that the Cuaresmas seek to recover, and which the labor tribunals and appellate court granted variably in the guise of compensatory damages. Absence for provisions on social security and other benefits does not make the contract infirm under PH laws since under Saudi law, foreign employer is not obliged to provide her these benefits.

2. Death NOT WORK RELATED, therefore not compensable (i.e., not liable for lost earnings) At time of death, Jasmin was not on duty but at her dormitory room on personal time. Court stated that the foreign employer cannot be expected to ensure her safety even while she is not on duty. What an employee does on free time is beyond the employers sphere of inquiry. The dormitory room also cannot be considered as employers premises. 3. Jasmin DID NOT COMMIT SUICIDE Court cannot subscribe to the idea that Jasmin committed suicide while halfway into her employment contract. This is beyond human comprehension for a 25 yo Filipina especially since suicide is contrary to Christian belief. Court cited Filipinas resilience despite abuse and maltreatment. Based on past OFW experiences, Filipinas do not simply commit suicide but rather endure. Court also found that Saudi police and autopsy reports are patently inconclusive. Their report is contradicted by the City Health Officer and by NBI. Even the toxicology report tested negative for poisonous substances. All these show that Jasmin was manhandled and possibly raped prior to death. 4. Rajab, Becmen, White Falcon solidarily liable for moral and exemplary damages Court admonished Becmen and Falcon for simply dismissing Jasmins case as one of suicide instead of fighting for her rights. The Agencies prioritized their corporate interest over that of Jasmin. RA 8042 Migrant Workers and Overseas Filipinos Act provides that the State shall at all times uphold the dignity of its citizens, whether in the country or overseas. The rights and interest of distressed overseas Filipinos are adequately protected and safeguarded. Becmen and Falcon, both licensed recruitment agencies, miserably failed to abide by RA 8042. Recruitment agencies are expected to extend assistance to deployed OFWs, be the first to come the rescue of our distressed OFWs; and have the primary obligation to protect the rights and ensure the welfare of our OFWs. It should have been them who sought justice for Jasmin. Instead, it was the parents who requested an autopsy in the Ph to confirm the Saudi report. Court stated that the parents have done all that was within their power to investigate Jasmins case on their own. Art 19 CC every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith.

Art 21 CC any person who willfully causes loss or injury to another in a manner that is contrary to morals, good customs or public policy shall compensate the later for the damage. Art 24 CC in all contractual, property or other relations, when one of the parties is at a disadvantage on account of his moral dependence, ignorance, indigence, mental weakness, tender age or other handicap, the courts must be vigilant for his protection. Rajab, Becmen and Falcons acts and omissions are against public policy because they undermine and subvert the interest and general welfare of our OFWs. Whether employed locally or overseas, all Fil workers enjoy the protective mantel of PH labor and social laws, contract stipulations to the contrary notwithstanding. This is in keeping with the Consti provision for the State to afford protection to labor, promote full employement, ensure equal work opportunities. All labor legislation and all labor contracts shall be construed in favor of the safety and decent living for the laborer. As a result of their misconduct, Cuaresmas are entitled to moral damages for which Becmen and Falcon are solidarily liable. Grant of moral damages to the employee by reason of misconduct on the part of the employer is sanctioned by Art 2219 (10) CC. Private employment agencies are held jointly and severally liable with the foreign-basd employer for any violation of the recruitment agreement or contract of employement. This is meanth to assure the aggrieved worker of immediate and sufficient payment. If the agency is a juridical being, the corporate officers and directors and partners are also solidarily liable. Falcons assumption of Becmens liability does not absolve Becmen. CA decision set aside. Awarded P2.5M as moral damages, P250k as exemplary damages.