Assailed in this petition for review on
certiorari[1] are the Decision
[2] dated September 27, 2018 and the Resolution
[3] dated March 1, 2019 of the Court of Appeals (CA) in CA-G.R. SP No. 134259, which affirmed the Decision
[4] dated October 30, 2013 and the Resolution
[5]
dated December 26, 2013 of the National Labor Relations Commission
(NLRC) in LAC No. 07- 000700-13, dismissing petitioner Antonio D.
Orlanes' (Orlanes) money claims.
The Facts
On July 24, 2012, Orlanes filed a complaint
[6] (
second
complaint) before the Labor Arbiter (LA) for non-payment of salary,
travel allowance, and leave pay, as well as for payment of damages plus
attorney's fees against his
foreign principal employer Fairport Shipping Co., Ltd. (Fairport), its current local manning agency
Stella Marris Shipmanagement, Inc. (Stella Marris),
[7] and officer
Danilo Navarro (Navarro)
(collectively, respondents). Orlanes alleged that Fairport employed him
as Master on board the vessel M/V Orionis from August 4, 2009 to July
24, 2010. Fairport, however, did not pay his salary, although they
assured him that this will be paid in full upon disembarkation. Thus, he
agreed to disembark from the vessel on July 27, 2010 without receiving
his unpaid salary in the amount of US$8,819.73, travel allowance in the
amount of US$59.57, and leave pay in the amount of US$5,680.26, or a
total of US$14,559.56.
[8] Despite his demand, respondents refused to make the payment. Hence, his complaint.
In response,
[9] Stella Marris
argued that it cannot be held liable for the aforementioned claims of
Orlanes. While it had executed an Affidavit of Assumption of
Responsibility, the same only pertained to the assumption of full and
complete responsibility for all contractual obligations to the seafarers
originally processed and recruited by its immediate predecessor,
Global Gateway Crewing Services, Inc. (Global). Thus, since Orlanes was originally hired by
Skippers United Pacific Inc. (Skippers),
and that the obligations under his contract were transferred to Global
and not assumed by Stella Marris, the latter cannot be held liable.
Notably, prior to the filing of the
second complaint as abovedescribed, records show that Orlanes had earlier filed a complaint
[10] against Skippers, Fairport, and Jerosalem P. Fernandez (
first
complaint). During the pendency thereof, Skippers filed a Motion to
Implead and Substitute Global instead as the latter had executed an
Affidavit of Assumption of Responsibilities
[11]
dated May 9, 2011 in favor of Skippers, which was a requirement for the
transfer of the accreditation of the vessel. A few months later, or on
December 6, 2011, Global, however, filed an Urgent Motion to Re-Open and
to Implead Stella Marris as the latter had executed its own Affidavit
of Assumption of Responsibilities
[12] dated November 17, 2011 in favor of Global to facilitate the second transfer of the accreditation.
[13] Records fail to show if the said motion was acted upon.
Nonetheless, in view of the succeeding transfers of Fairport's manning
agent from Skippers to Global, and Global to Stella Marris, the LA
rendered a Decision
[14] dated December 29, 2011 dismissing the
first complaint, without prejudice to Orlanes' refiling of the case against the alleged proper parties,
i.e., Global, Fairport, and Stella Marris.
Aggrieved, Orlanes filed an appeal before the NLRC which was likewise dismissed in a Resolution
[15]
dated March 20, 2012 due to his failure to sign the certificate of
non-forum shopping. Orlanes no longer moved for reconsideration of the
said Resolution.
[16] Thus, as the
first complaint was dismissed without prejudice, Orlanes filed the
second complaint before the LA against Fairport, Stella Marris, and/or Navarro, as respondents.
[17]
The LA Ruling
In a Decision
[18] dated May 31, 2013 (LA Decision), the LA granted the
second
complaint filed against herein respondents Fairport, Stella Marris, and
Navarro. Accordingly, the LA held the three manning agencies,
i.e.,
Skippers, Global, and Stella Marris, solidarily liable with Fairport to
pay Orlanes the sum of US$14,559.56. Notably, while Skippers and Global
were not impleaded as parties in the
second complaint, the LA
nonetheless found them liable. In particular, the LA found Skippers
liable as signatory to the employment contract and Global as substitute
manning agent which assumed full and complete responsibility for all
contractual obligations to the seafarers originally recruited and
processed by Skippers.
[19]
Dissatisfied, Stella Marris appealed
[20] to the NLRC.
[21]
The NLRC Ruling
In a Decision
[22] dated October 30, 2013, the NLRC set aside the LA Decision and instead dismissed the
second
complaint. It ruled that the LA erred in holding Skippers and Global
solidarily liable with Fairport since they were not impleaded as parties
in the
second complaint. On the other hand, it found no basis to
hold Stella Marris liable, considering that the latter was not the
local manning agency which originally deployed Orlanes and it did not
assume the liability of Skippers as the deploying agency. Rather,
according to the NLRC, it was Skippers which should have been held
liable pursuant to Section 10
[23]
of Republic Act No. (RA) 8042, otherwise known as the "Migrant Workers
and Overseas Filipinos Act of 1995," as amended by RA 10022, which
provides that the liability of the original manning agency continues
during the entire period of the employment contract and is not affected
by the transfers or substitutions of manning agencies. Finally, it
observed that the liability assumed by Stella Marris under its Affidavit
of Assumption of Responsibility pe11ained only to those employees
originally recruited by Global, and not of Skippers, as Orlanes is in
this case.
[24]
Unperturbed, Orlanes Inoved for reconsideration but was denied in a Resolution
[25] dated December 26, 2013. Thus, he filed a petition for
certiorari[26] before the CA, averring that the NLRC committed grave abuse of discretion in dismissing the
second complaint.
[27]
The CA Ruling
In a Decision
[28] dated
September 27, 2018, the CA agreed with the NLRC that it was Skippers, as
Fairport's original manning agent, which should be held solidarily
liable with Fairport for Orlanes' claims pursuant to Section 1 (e) (8),
Rule II, Part II
[29] of the
Philippine Overseas Employment Administration (POEA) Rules and
Regulations Governing the Recruitment and Employment of Seafarers (2003
POEA Rules and Regulations) since its liability continued during the
entire period of the employment contract and was not affected by the
transfers or substitutions of manning agencies.
[30] Thus, although Fairport was a party in the
second complaint, it proceeded to dismiss the
certiorari petition.
Undaunted, Orlanes moved for reconsideration, which the CA denied in a Resolution
[31] dated March 1, 2019. Hence, this petition.
The Issue Before the Court
The issue before the Court is whether or not the CA erred in upholding
the NLRC rulings dismissing Orlanes' monetary claims against
respondents.
The Court's Ruling
The petition is partly meritorious.
Under Section 1 (e) (8), Rule II, Part II
[32] of the 2003 POEA Rules and Regulations, in relation to Section 10
[33] of RA 8042,
[34] otherwise known as the "Migrant Workers and Overseas Filipinos Act of 1995," as amended by RA 10022,
[35]
the local manning agency assumes "joint and solidary liability with the
employer for all claims and liabilities which may arise in connection
with the implementation of the employment contract." This liability
remains intact and extends up to and until the expiration of the
employment contracts of the employees recruited and employed pursuant to
the said agreement and covers any and all claims arising therefrom.
Section 10 of RA 8042 states that the solidary liability of the foreign principal and the recruitment agency to the employees "
shall not be affected by any substitution, amendment or modification made locally or in a foreign country of the said contract." The rationale behind the rule was explicated in the case of
Catan v. National Labor Relations Commission,
[36] viz.:
This must be so, because the obligations covenanted in the
recruitment 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.[37]
Thus, in
Powerhouse Staffbuilders International, Inc. v. Rey,
[38]
the Court ruled that even if an Affidavit of Assumption of
Responsibility was validly executed by the transferee agent assuming the
full and complete responsibility over all contractual obligations of
the principal to the seafarers originally recruited and processed by
therein original manning agent, the latter's liability to its recruited
workers remained intact because the said workers were not privy to such
contract of transfer. Further, the Court pointed out that the original
manning agent was the recruitment agency of the foreign principal that
was stated in the seafarers' POEA-approved employment contracts, and
hence, was contractually bound to fulfill its obligations to the
seafarer.
Likewise, in
Skippers United Pacific, Inc. v. Maguad[39]
- which notably involved the same Skippers manning agency in this case -
the Court held that while the Affidavits of Assumption of
Responsibility executed between Skippers, as the original manning
agency, and the two other succeeding manning agencies were valid, said
affidavits are not enforceable against the seafarers because they are
not parties thereto. As such, citing Section 1 of Rule II of the 2003
POEA Rules and Regulations, Skippers cannot exempt itself from all the
seafarers' claims and liabilities arising from the implementation of the
contract executed between them. Further, in view of the verified
undertaking Skippers submitted to the POEA stating that it "shall assume
joint and solidary liability with the employer for all claims and
liabilities which may arise in connection with the implementation of the
contract," it assured the aggrieved seafarers of immediate and
sufficient payment of what is due them.
While the 2003 POEA Rules and Regulations allow the transfer of the
registration and/or accreditation of the foreign principal to another
local manning agency, which includes the transfer of the full and
complete responsibility over all contractual obligations of the
principal to the seafarers, the said transfer, however, covers only
those contractual obligations to seafarers "
originally recruited and processed by the former agency."
This limitation is pursuant to the governing rule provided under
Section 8, Rule I, Part III of the 2003 POEA Rules and Regulations on
transfer of registration of principal and Section 7, Rule II, Part III
of the same Rules on transfer of registration, which states:
PART III
PLACEMENT BY THE PRIVATE SECTOR
RULE I
VERIFICATION OF DOCUMENTS AND REGISTRATION OF FOREIGN PRINCIPALS AND ENROLMENT OF VESSELS
x x x x
Section 8. Transfer of Registration of Principal and/or Enrolment of Vessel.
The registration of a principal and/or enrolment of vessel may be
transferred to another agency provided such transfer shall not involve
diminution of wages and benefits of the seafarers hired through the
previous agency; and provided further that the transferee agency shall
assume full and complete responsibility over all contractual obligations
of the principal to the seafarers originally recruited and processed by the former agency.
Prior to the transfer of registration, the Administration shall notify
the previous agency and principal of such application for transfer.
x x x x
RULE II
ACCREDITATION OF PRINCIPALS AND ENROLMENT OF SHIPS BY MANNING AGENCIES
x x x x
Section 7. Transfer of Accreditation of Principal and/or Enrolment of Vessel.
The accreditation of a principal and/or enrolment of vessel may be
transferred to another agency provided such transfer shall not involve
diminution of wages and benefits of the seafarers hired through the
previous agency; and provided further that the transferee agency shall
assume full and complete responsibility to all contractual obligations
of the principals to its workers originally recruited and processed by the former agency.
Prior to the transfer of accreditation, the Administration shall notify
the previous agency and principal of such application for transfer."
(Emphases supplied)
In this case, there is no dispute that Skippers was the original manning
agent of Fairport which recruited Orlanes and processed his employment
with the former. As the accredited local manning agency for Fairport,
Skippers assumed joint and solidary liability with the latter under the
contract of employment of Orlanes as mandated by law.
However, pending Orlanes'
first complaint against Skippers and
Fairport before the NLRC, Fairport transferred its
accreditation/registration to Global on May 9, 2011 in accordance with
Section 8, Rule I, and Section 7, Rule II, Part III of the 2003 POEA
Rules and Regulations. By virtue of the Affidavit of Assumption of
Responsibilities that was executed by the Operations Manager of Global,
Global assumed full and complete responsibility and without
qualification all contractual obligations to the seafarers originally
recruited and processed by Skippers for the vessel M/V Orionis. For this
reason, Orlanes was therefore correct in impleading Global as party
respondent in the
first complaint together with Skippers, the original manning agent, and Fairport, as foreign principal.
However, in this case, there was a second transfer, which resulted (albeit erroneously) into the filing of a
second
complaint. In particular, Fairport once again changed and transferred
its registration/accreditation, as well as the manning of its vessels to
Stella Marris on November 17, 2011. Accordingly, an Affidavit of
Assumption of Responsibilities was executed by Stella Marris covering
those contractual obligations of Fairport that were "
originally processed and recruited by Global."
Notably, the limitation to Stella Marris' assumption of liability is
consistent with the 2003 POEA Rules and Regulations which, as earlier
mentioned, pertains only to the liability of the substitute manning
agent to those contracts originally recruited by the transferor. Hence,
considering that it was Skippers who originally recruited and processed
Orlanes' employment and not Global, Stella Marris did not assume
liability for Orlanes' claims under his contract with Skippers. In
Abosta Ship Management v. Hilario,
[40]
the Court ruled that since it was the original manning agent which
entered into the contract of employment with the worker for and in
behalf of the foreign principal, it has the primary obligation to ensure
the implementation of that contract in line with the policy of the
state to protect and alleviate the plight of the working class,
[41] as Skippers in this case.
At this juncture, it should be pointed out that both Skippers and Global
[42] were not impleaded in the
second
complaint; hence, the Court cannot adjudge their respective liabilities
to Orlanes in this case. While records show that Skippers and Global
were impleaded in the
first complaint, the same was unfortunately dismissed without prejudice by the LA.
Indeed,
in light of the discussions above, the LA gravely erred in dismissing
the first complaint where Skippers, Global, and Fairport were already
impleaded due to their respective legal/labilities with respect to his
claim. Thus, considering the LA's mistake in dismissing the
first
complaint and so as not to cause Orlanes serious injustice absent any
fault or wrongdoing, the Court deems it proper to remand the present
case back to the LA in order to further implead both Skippers and Global
as respondents together with Fairport, the original respondent.
To clarify, the foregoing course of action finds bearing in Section 11, Rule 3 of the Rules of Court,
[43] which provides that
parties may be added by order of the court on its own initiative at any stage of the action and on such terms as are just.
In this relation, Section 3, Rule I of the 2011 NLRC Rules of
Procedure, as amended, states that in the absence of any applicable
provision in the Rules, the Rules of Court may, in the interest of
expeditious dispensation of labor justice and whenever practicable and
convenient, be applied in a suppletory character and effect.
[44]
Since the 2011 NLRC Rules of Procedure is silent on the misjoinder and
non-joinder of parties, and under the Rules of Court, such is
not a ground for dismissal of the complaint but rather acknowledges the power of the court to add a party upon motion or
on its own initiative at any stage of the action
and/or such times as are just, the inclusion of Skippers and Global as
party respondents in the present case is only just and appropriate. Once
Skippers and Global, together with Fairport, are properly impleaded,
the LA is directed to resolve Orlanes' monetary claim in the second
complaint with utmost dispatch on its merits.
WHEREFORE, the petition is
PARTLY GRANTED. The Decision
dated September 27, 2018 and the Resolution dated March I, 20I9 of the
Court of Appeals in CA-G.R. SP No. I34259 are hereby
SET ASIDE. The case is
REMANDED to the Labor Arbiter who is consequently
DIRECTED
to implead Skippers United Pacific, Inc. and Global Gateway Crewing
Services, Inc. as party respondents for a full redress of the
second complaint and to resolve the same with utmost dispatch on the merits.
SO ORDERED.
Lazaro-Javier, M. Lopez, Rosario, and
J. Lopez,
* JJ., concur.
* Designated Additional Member per Special Order No. 2822 dated April 7, 2021.
[1] Rollo, pp. 9-22. While the present petition's title indicates
Stella Marris Shipmanagement, Inc.,
Fairport Shipping Co., Ltd., and/or Danilo Navarro as respondents,
petitioner Antonio D. Orlanes also mentioned the following as
respondents in the petition's body:
Skippers United Pacific, Inc., Danilo Navarro, and Fairport Shipping Limited, Inc. (see
rollo,
p. 11). From the records, Stella Marris and Skippers are different
entities with different addresses; Skippers, however, was not impleaded
as a party-respondent in the present complaint (see Orlanes' Position
Paper before the CA, May 31, 2013 LA Decision, and NLRC's October 30,
2013 Decision (see CA
rollo, pp. 40-44, 59-64, 18-35, respectively), as well as in the proceedings before the CA (see CA's September 27, 2018 Decision).
[2] Id. at 27-36. Penned by
Associate Justice Nina G. Antonio-Valenzuela with Associate Justices
Marlene B. Gonzales-Sison and Germano Francisco D. Legaspi, concurring.
[3] Id. at 25-26.
[4] CA
rollo, pp.
18-25. Penned by Presiding Commissioner Raul T. Aquino with
Commissioners Teresita D. Castillon-Lora and Erlinda T. Agus,
concurring.
[5] Id. at 33-35.
[6] Id. at 36-39. See also Complainant's Position Paper, docketed as NLRC Case No. (M)NCR-07-11141-12, id. at 40-44.
[7] Id. at 41. With address at 447 Rizal Tower, Singion St. corner Makati Ave., Makati City (see Complainant's Position Paper).
[8] Id. at 46. See also
rollo, p. 28.
[9] Id. at 47-52. See also LA's May 31, 2013 Decision, CA
rollo, pp. 61-62; and CA's September 27, 2018 Decision,
rollo, pp. 28-29.
[10] See id. at 59 and 101. Docketed as NLRC NCR Case No. (M) 03-04763-11.
[11] Id. at 136. It pertinently provides:
2. That FAIRPORT SHIPPING LIMITED, our foreign principal, a
company duly organized and existing under the laws of Greece with
principal office at 17A, Kondyll St. Glyfada 16675 Greece, has
designated our company as its lawful representative in the Philippines;
3. That as agent of the above principal in the Philippines, our company is willing to assume full and complete responsibility for all contractual obligations to its seafarers originally recruited and processes [sic] by SKIPPERS UNITED PACIFIC, INC. for the vessel M/V ORIONIS.
x x x x
5. That this affidavit is being executed in compliance with Section 8
Rule IV Section 7 Rule II Part III of the POEA rules and regulations
governing the Recruitment and employment of seafarers.
x x x x (Emphasis and underscoring supplied)
[12] Id. at 84. It pertinently provides:
2. That Fairport Shipping Ltd., our foreign principal, a
company duly organized and existing under the laws of the Republic of
Greece with office address at 17 A, Kondyll Str, Glyfada Greece, has
designated our company as its lawful representative in the Philippines;
3. That as agent of the above principal in the Philippines, our company
is willing to assume full and complete responsibility for all
contractual obligations to its seafarers originally processed and
recruited by Global Gateway Crewing Services Inc, for the following
vessels: MV Asahi, MV Orionis, MV Taisetsu and MV Saetta;
x x x x
5. That this affidavit is being executed in compliance with Section 8
Rule II/Section 7 Rule II, Part III of the POEA Rules and Regulations
Governing the Recruitment and Employment of Seafarers.
x x x x" (Emphasis and underscoring supplied)
[13] Id. at 101-102.
[14] Id. Penned by Labor Arbiter Arden S. Anni. See also CA
rollo, pp. 59-60. Orlanes stated the date as February 3, 2012, see
rollo, p. 14.
[15] Id. at 151-154. Penned by
Commissioner Napoleon M. Menese with Presiding Commissioner Raul T.
Aquino and Commissioner Teresita D. Castillon-Lora, concurring.
[16] See id. at 60.
[17] See id. at 60-61.
[18] Id. at 59-64. Penned by Labor Arbiter Arden S. Anni.
[19] See id. at 62.
[20] Id. at 65-76. See Notice of Appeal with Memorandum of Appeal dated July 5, 2013. See also
rollo, p. 29.
[21] See
rollo, p. 29.
[22] CA
rollo, pp. 18-25.
[23] Section 10 of RA 8042, as amended by RA 10022, pertinently reads:
SEC. 10. Money Claims. - x x x
x x x x
The liability of the principal/employer and the recruitment/placement
agency for any and all claims under this section shall be joint and
several. This provision shall be incorporated in the contract for
overseas employment and shall be a condition precedent for its approval.
The performance bond to de filed by the recruitment/placement agency,
as provided by law, shall be answerable for all money claims or damages
that may be awarded to the workers. 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 solidarily liable
with the corporation or partnership for the aforesaid claims and
damages. Such liabilities shall continue during the entire period or
duration of the employment contract and shall not be affected by any
substitution, amendment or modification made locally or in a foreign country of the said contract. (Emphases supplied)
x x x x
[24] See CA
rollo, pp. 22-23.
[25] Id. at 33-35.
[26] Id. at 3-17. While the
certiorari petition's title indicates
Stella Marris Shipmanagement, Inc.,
Fairport Shipping Co., Ltd., and/or Danilo Navarro as respondents,
petitioner Antonio D. Orlanes declared the following as respondents in
the said petition's body:
Skippers United Pacific, Inc., Jerosalem P. Fernandez, and Fairport Shipping Limited, Inc. (see id. at 5).
[27] See
rollo, p. 32.
[28] Id. at 27-36.
[29] Section 1 (e) (8), Rule II, Part II of the POEA Rules and Regulations Governing the Recruitment and Employment of Seafarers:
Section 1. Requirements for Licensing. Every applicant for
license to operate a manning agency shall submit a written application
together with the following requirements:
x x x x
e. A verified undertaking stating that the applicant shall:
x x x x
8. Assume joint and solidary liability with the employer for all
claims and liabilities which may arise in connection with the
implementation of the employment contract, including but not limited to wages, death and disability compensation and their repatriation;
x x x x (Emphasis supplied)
[30] CA
rollo, pp. 33-35.
[31] Rollo, pp. 25-26.
[32] Section 1 (e) (8), Rule II, Part II of the POEA Rules and Regulations Governing the Recruitment and Employment of Seafarers:
Section 1. Requirements for Licensing. Every applicant for
license to operate a manning agency shall submit a written application
together with the following requirements:
x x x x
e. A verified undertaking stating that the applicant shall:
x x x x
8. Assume joint and solidary liability with the employer for all
claims and liabilities which may arise in connection with the
implementation of the employment contract, including but not limited to wages, death and disability compensation and their repatriation;
x x x x (Emphasis supplied)
[33] Section 10 of RA 8042, as amended by RA 10022, pertinently reads:
SEC. 10. Money Claims. - x x x
x x x x
The liability of the principal/employer and the recruitment/placement
agency for any and all claims under this section shall be joint and
several. This provision shall be incorporated in the contract for
overseas employment and shall be a condition precedent for its approval.
The performance bond to de filed by the recruitment/placement agency,
as provided by law, shall be answerable for all money claims or damages
that may be awarded to the workers. 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 solidarily liable
with the corporation or partnership for the aforesaid claims and
damages.
Such liabilities shall continue during the entire period or duration
of the employment contract and shall not be affected by any substitution, amendment or modification made locally or in a foreign country of the said contract.
x x x x (Emphases supplied)
[34] Entitled "AN ACT TO
INSTITUTE THE POLICIES OF OVERSEAS EMPLOYMENT AND ESTABLISH A HIGHER
STANDARD OF PROTECTION AND PROMOTION OF THE WELFARE OF MIGRANT WORKERS,
THEIR FAMILIES AND OVERSEAS FILIPINOS IN DISTRESS, AND FOR OTHER
PURPOSES," approved on June 7, 1995.
[35] Entitled "AN ACT AMENDING
REPUBLIC ACT No. 8042, OTHERWISE KNOWN AS THE MIGRANT WORKERS AND
OVERSEAS FILIPINOS ACT OF 1995, As AMENDED, FURTHER IMPROVING THE
STANDARD OF PROTECTION AND PROMOTION OF THE WELFARE OF MIGRANT WORKERS,
THEIR FAMILIES AND OVI RSEAS FILIPINOS IN DISTRESS, AND FOR OTHER
PURPOSES," approved on March 8, 2010.
[36] 243 Phil. 858 (1988).
[37] Id. at 863.
[38] 798 Phil. 8 (2016).
[39] 530 Phil. 367 (2006).
[40] 747 Phil. 762 (2014).
[41] Id. at 771.
[42] Note that in a Resolution
dated March 9, 2015, the CA ruled that Global was a party to the
present case. However, the CA erred as mere participation in the first
complaint before the LA should not be considered as participation in the
present case. Records show that Global and Skippers were (
a) not impleaded in the complaint; (
b) not served summons; and, (
c)
not given an opportunity to be heard before the LA or the NLRC.
Further, Global's participation in this case was limited to the filing
of the Manifestation and Motion dated March 27, 2014 to the CA's Order
to Comment on the Petition, its Comment dated March 15, 2015 to the
petition, and its Memorandum dated September 8, 2015 before the CA.
[43] SEC. 11.
Misjoinder and non-joinder of parties.
- Neither misjoinder nor non-joinder of parties is ground for dismissal
of an action. Parties may be dropped or added by order of the court on
motion of any party or on its own initiative at any stage of the action
and on such terms as are just. Any claim against a misjoined party may
be severed and proceeded with separately.
[44] Section 3, Rule I of the 2011 NLRC Rules of Procedure on Suppletory application of the Rules of Court provides:
SECTION 3. SUPPLETORY APPLICATION OF THE RULES OF COURT. -
In the absence of any applicable provision in these Rules, and in order
to effectuate the objectives of the Labor code, as amended, the
pertinent provisions of the Rules of Court of the Philippines, as
amended, may, in the interest of expeditious dispensation of labor
justice and whenever practicable and convenient, be applied by analogy
or in a suppletory character and effect.