8. Becmen Service Exporter & Promotion, Inc. v. Cuaresma G.R. Nos. 182978-79. April 7, 2009.

FACTS: Jasmin Cuaresma was deployed by Becmen Service Exporter and Promotion, Inc. to serve as assistant nursein Al-Birk Hospital in the Kingdom of Saudi Arabia (KSA), for a contract duration of 3 years, with a corresponding salary of US$247.00 per month. A year later, she was found dead in her dormitory room. The examining physician of the Al-Birk Hospital concluded that the cause of her death was poisoning. Her body was repatriated to Manila and the following day, the City Health Officer of Cabanatuan City conducted an autopsy and found that Jasmin died of violent circumstances due to lacerations and abrasions on various parts of her body and not poisoning as found by the physician from KSA. The NBI also conducted another autopsy and the toxicology report tested negative for non-volatile, metallic poison and insecticides. Jasmins parents received from the Overseas Workers Welfare Administration(OWWA) amounts for death, funeral and medical reimbursement benefits. The Cuaresmas filed a complaint against Becmen and its principal in the KSA, Rajab & Silsilah Company, claiming death and insurance benefits, as well as moral and exemplary damages for Jasmins death, claiming that Jasmins death was work-related, having occurred at the employers premises. Becmen and Rajab insist that Jasmin committed suicide, citing a prior unsuccessful suicide attempt and relying on the medical report of the KSA physician. While the case was pending, Becmen filed a manifestation and motion for substitution alleging that Rajab terminated their agency relationship and had appointed White Falcon Services, Inc. (White Falcon) as its new recruitment agent in the Philippines. Thus, White Falcon was impleaded as respondent and it adopted and reiterate
Becmens arguments.

The LA dismissed the complaint for lack of merit, gave weight to the medical report of the Al-Birk Hospital finding that Jasmin died of suicide through poisoning and held that her death was not service-connected, nor did it occur while she was on duty. The LA also noted that her parents have received all corresponding benefits they were entitled to under the law. The NLRC reversed the same and held that Jasmins death was the result of an accident occurring within the employers premises that is attributable to her employment, or to the conditions under which she lived, and thus arose out of and in the course of her employment as nurse. The CA affirmed the decision of the NLRC but amended the same with respect to the monetary award. ISSUE; Whether or not Rajab & Silsilah Company, White Falcon Services, Inc., Becmen Service Exporter and Promotion, Inc. are liable for the death of Jasmin Cuaresma. RULING: They are liable. Under Republic Act No. 8042 (R.A.8042), or the Migrant Workers and Overseas Filipinos Act of 1995, the State shall, uphold the dignity of its citizens whether in country or overseas, and provide adequate and timely social, e c o n o m i c a n d l e g a l s e r v i c e s t o F i l i p i n o m i g r a n t w o r k e r s . Recruitment

agencies should be the first to come to the rescue of our OFWs. Upon them lies the primary obligation to protect t h e r i g h t s a n d e n s u r e t h e w e l f a r e o f o u r O F W s , w h e t h e r distressed or not. Private employment agencies are held jointly and s everally liable w ith the foreign-bas ed employer for any v i o l a t i o n o f t h e r e c r u i t m e n t a g r e e m e n t o r c o n t r a c t o f employmen t. This joint and s olidary liabili ty impos ed by law against recruitment agencies and foreign employers is meant to a s s u r e t h e a g g r i e v e d w o r k e r o f i m m e d i a t e a n d s u f f i c i e n t payment of what is due him. If the recruitment/placement agency is a juridical being, the corporate officers and directors and partners as the case may be, shall themselves be jointly and solidari ly liable w ith the corporation or partners hip for the aforesaid claims and damages B e c m e n a n d W h i t e F a l c o n , a s l i c e n s e d l o c a l recruitment agencies, miserably failed to abide by the provisions of R .A . 8042.R ecruitm ent agencies are expected to extend assistance to their deployed OFWs, especially those in distress. The evidence does not even show that Becmen and Rajab lifted finger to provide legal representation and seek an investigation of Jasmins case. They even stood by the argument that Jasmin committed suicide in order to render the case closed and place their own financial and corporate interests above their moral and s o c i a l o b l i g a t i o n s , b y c h o o s i n g t o s e c u r e a n d i n s u l a t e themselves from the perceived responsibility of having to answer for and indemnify Jasmins heirs for her death. Clearly, Rajab, Becmen and White F alcons acts and omis s ions are agains t public policy because they undermine and subvert the interest and general welfare of our OFWs abroad, who are entitled to full protection under the law. Their shabby and callous treatment of Jasmins case; their uncaring attitude; their unjustified failure and refusal to assist in the determination of the true circumstances s u r r o u n d i n g h e r m y s t e r i o u s d e a t h , a n d i n s t e a d f i n d i n g satisfaction in the unreasonable insistence that she committed suicide just so they can conveniently avoid pecuniary liability; placing their own corporate interests above of the welfare of their employees all these are contrary to morals, good customs and public policy, and cons titute taking advantage of the poor employee and her familys ignorance, helplessness,
indigence and lack of power and resources.