G.R. No. 170139. August 5, 2014.
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SAMEER OVERSEAS PLACEMENT AGENCY, INC., petitioner, vs. JOY C. CABILES,
respondent.
LEONEN, J.
FACTS:
Petitioner Sameer Overseas Placement Agency is a recruitment and placement agency
sending workers to Taiwan while respondent Joy Cabiles was one of those hired and has signed a
one-year employment contract as a quality control personnel, with a monthly salary of NTS
15,360.00. Upon her deployment, Cabiles was made to work a cutter. Petitioner claimed that a
certain Mr. Hwang from Wacoal informed Joy, without prior notice, that she was terminated and
that she should “immediately report to their office to get her salary and passport” and she was
asked to “prepare for repatriation”. Cabiles claimed that she was told that from June 26 to July 14,
1997, she only earned NTS 9,000.15. Moreover, Wacoal deducted NTS3,000.00 to cover her plane
ticket to Manila.
Respondent filed a complaint for illegal dismissal with the NLRC against Sameer and
Wacoal, with claims for unpaid salary, overpayment of placement fees, and damages. The
petitioner Sameer was substituted by Pacific Manpower and moved to dismiss the case alleging
the absence of employer-employee relationship between them and denied liability. The LA
dismissed the case but upon appeal before the NLRC, such was reversed as Sameer failed to prove
that there were just causes for termination. Three (3) months’ worth of salary, reimbursement for
placement fees, and attorney’s fees were awarded.
Aggrieved, Sameer filed a petition for certiorari against the NLRC before the CA but the
latter affirmed the decision of the NLRC, with respect to the issues on dismissal, unpaid wages,
and benefits. Hence, this petition.
ISSUES:
WON the CA erred in affirming the ruling of the NLRC as to terms, conditions, and
benefits.
RULING:
NO. Respondent Joy Cabiles, having been illegally dismissed, is entitled to her salary for
the unexpired portion of the employment contract that was violated together with attorney’s fees
and reimbursement of amounts withheld from her salary. Section 10 of Republic Act No. 8042,
otherwise known as the Migrant Workers and Overseas Filipinos Act of 1995, states that overseas
workers who were terminated without just, valid, or authorized cause „shall be entitled to the full
reimbursement of his placement fee with interest of twelve (12%) per annum, plus his salaries for
the unexpired portion of his employment contract or for three (3) months for every year of the
unexpired term, whichever is less.”
Section 15 of Republic Act No. 8042 states that „repatriation of the worker and the
transport of his [or her] personal belongings shall be the primary responsibility of the agency which
recruited or deployed the worker overseas. The exception is when „termination of employment is
due solely to the fault of the worker, which as we have established, is not the case. It reads: SEC.
15. REPATRIATION OF WORKERS; EMERGENCY REPATRIATION FUND.--The repatriation
of the worker and the transport of his personal belongings shall be the primary responsibility of
the agency which recruited or deployed the worker overseas. All costs attendant to repatriation
shall be borne by or charged to the agency concerned and/or its principal. Likewise, the repatriation
of remains and transport of the personal belongings of a deceased worker and all costs attendant
thereto shall be borne by the principal and/or local agency. However, in cases where the
termination of employment is due solely to the fault of the worker, the principal/employer or
agency shall not in any manner be responsible for the repatriation of the former and/or his
belongings.
