Republic of the Philippines
SUPREME COURT
Manila
SECOND DIVISION
G.R. No. 170029 November 21, 2012
SAMEER OVERSEAS PLACEMENT AGENCY, INC., AND RIZALINA LAMSON, Petitioners,
vs.
MARICEL N. BAJARO, PAMELA P. MORILLA, DAISY L. MAGDAONG, LEAH J. TABUJARA, LEA M. CANCINO, MICHIEL D. MELIANG, RAQUEL SUMIGCAY, ROSE R. SARIA, LEONA L. ANGULO AND MELODY B. INGAL, Respondents.
D E C I S I O N
PERLAS-BERNABE, J.:
Assailed in this Petition for Review is the August 22, 2005 Decision1 and October II, 2005 Resolution2 of the Court of Appeals (CA) in CA-G.R. SP No. 87672 which nullified and set aside the March 3I, 2004 Decision3
xxxxx (missing paragraph) xxxxx
sometime in August 2000,22 the declaration of unconstitutionality found in the Serrano case promulgated in March 2009 shall retroactively apply. Since the unexpired portion of respondents' individual two-year contracts is still for 13 months, as they worked in Taiwan for a period of only 11 months, each respondent is therefore entitled to a total amount of NT$205,920.0023 or its current equivalent in Philippine Peso, by way of unpaid salaries, in addition to the other monetary awards granted by the Labor Arbiter.
WHEREFORE, the instant petition is DENIED. The assailed Decision and Resolution of the Court of Appeals reinstating in toto the July 12, 2002 Decision of the Labor Arbiter is AFFIRMED with the MODIFICATION awarding the amount of NT$205,920.00 or its current equivalent in Philippine Peso to each of the respondents by way of unpaid salaries for the unexpired portion of their employment contracts. The rest of the Decision stands.
SO ORDERED.
ESTELA M. PERLAS-BERNABE
Associate Justice
WE CONCUR:
ANTONIO T. CARPIO
Associate Justice
Chairperson
ARTURO D. BRION
Associate Justice |
MARIANO C. DEL CASTILLO
Associate Justice |
JOSE PORTUGAL PEREZ
Associate Justice
A T T E S T A T I O N
I attest that the conclusions in the above Decision had been reached in consultation before the case was assigned to the writer of the opinion of the Court's Division.
ANTONIO T. CARPIO
Associate Justice
Chairperson, Second Division
C E R T I F I C A T I O N
Pursuant to Section 13, Article VIII of the Constitution, and the Division Chairperson's Attestation, I certify that the conclusions in the above Decision had been reached in consultation before the case was assigned to the writer of the opinion of the Court's Division.
MARIA LOURDES P. A. SERENO
Chief Justice
Footnotes
1 Penned by Associate Justice Renato C. Dacudao. with Associate Justices Edgardo F. Sundiam and Japar B. Dimaampao, concurring. Rnlfn. pp. 36-51.
2 Id. at 86-87.
3 Penned by Presiding Commissioner Raul T. Aquino (OFW [M]) 01-07-1366-00[CA NO. 030717-02).
4 Id. at 304-314.
22 Respondents' employment contracts were dated September 4, 1999, and they were repatriated to the Philippines after working in Taiwan for only 11 months, or until August 2000.
23 NT$15.840.00 monthly salary x 13 months unexpired port ion of employment contract.
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