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Philippine Bar review · Question

Practice question: Jurisdiction in Overseas Employment Cases (RA 8042, as amended by RA 10022)

Multiple Choice Medium

Practice question

For a covered overseas-employment money claim, the Philippine recruitment agency admits its role but insists that the worker must first exhaust collection against the principal abroad. What does RA 8042 section 10 prescribe?
  1. The principal and agency have joint and several liability for the covered claims
  2. The agency can never be liable without owning the foreign company
  3. The agency is invariably liable for only one-half
  4. The worker must first obtain an embassy’s damages judgment
  5. The employer’s nationality extinguishes the claim

Legal references

  • https://lawphil.net/statutes/repacts/ra2010/ra_10022_2010.html — RA 10022, section 7, amending RA 8042 section 10: overseas employment claims, ninety-day period and joint and several liability.
  • https://lawphil.net/statutes/repacts/ra2024/ra_12021_2024.html — RA 12021, sections 54–55: seafarer grievance, CBA voluntary arbitration and non-CBA dispute routes.
  • https://stcw.marina.gov.ph/wp-content/uploads/2016/02/Signed-IRR-RA-NO.-12021_for_website-1.pdf — RA 12021 IRR, Rule XI sections 2 and 4: arbitration framework and DMW administrative jurisdiction excluding money claims.
  • https://dole.gov.ph/news/dole-issues-new-rules-on-execution-of-seafarers-claims/ — Official DOLE January 15, 2025 release on issued DO 247-2025: execution rules do not modify NLRC and voluntary-arbitrator jurisdiction.

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