Minister of Labor and Employment, 140 SCRA 381 ).ģ. Estoppel had barred herein petitioner from raising the issue, regardless of its merits (Akay Printing Press v. It was only when it filed this petition that it assailed the jurisdiction of the respondent Secretary of Labor, and that of the POEA. In the said motion for reconsideration, no jurisdictional challenge was made (Ibid., p. While Finman contends that herein respondent Secretary of Labor cannot validly assume jurisdiction over the case at bar, the records of the case reveal that herein Finman filed a motion for reconsideration of the adverse decision dated Maof respondent Secretary of Labor. SECRETARY OF LABOR JURISDICTION, LACK OF ISSUE THEREON MUST BE RAISED AT THE LOWER PROCEEDINGS CASE AT BAR. Moreover, as correctly stated by the Solicitor General, private respondents have a legal claim against Pan Pacific and its insurer for the placement and processing fees they paid, so much so that in order to provide a complete relief to private respondents, petitioner had to be impleaded in the case (Rollo, p.
Tizon (20 SCRA 1182 ), this Court ruled that where the surety bound itself solidarily with the principal obligor, the former is so dependent on the principal debtor "that the surety is considered in law as being the same party as the debtor in relation to whatever is adjudged touching the obligation of the latter." Applying the foregoing principles to the case at bar, it can be very well said that even if herein Finman was not impleaded in the instant case, still it (petitioner) can be held jointly and severally liable for all claims arising from recruitment violation of Pan Pacific. Furthermore, in Government of the Philippines v.
Rizal Surety and Insurance Co., 16 SCRA 551 (1966). As such Finman is bound, in the absence of collusion, by a judgment against its principal even though it was not a party to the proceedings (Leyson v. Accordingly, the nature of Finman’s obligation under the suretyship agreement makes it privy to the proceedings against its principal (Pan Pacific). 23), in keeping with Section 4, Rule V, Book I of the Implementing Rules of the Labor Code. It was also understood that under the suretyship agreement, herein petitioner undertook itself to be jointly and severally liable for all claims arising from recruitment violation of Pan Pacific (Ibid., p. It remains uncontroverted that herein petitioner and Pan Pacific entered into a suretyship agreement, with the former agreeing that the bond is conditioned upon the true and faithful performance and observance of the bonded principal (Pan Pacific) of its duties and obligations.
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