In providing for the joint and solidary liability of private recruitment agencies with their foreign principals, Republic Act No. 8042 affords the OFW’s with a recourse and assures them of immediate and sufficient payment of what is due them. The Policy of the state is to protect and alleviate the plight of the working class. Verily, to allow the private recruitment agencies to invoke the immunity from suit of their foreign principals would render the law on joint and solidary liability inutile.
The private recruitment agency cannot evade responsibility for the money claims of OFW’s which it deploys abroad by the mere expediency of claiming that it’s foreign principal is a government agency clothed with immunity from suit.
Joint and solidary liability of corporate officers
Section 10 of RA 8042 expressly provides that 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 claims and damages of the OFW’s.