G.R. No. 167614 15 of 33 http://sc.judiciary.gov.ph/jurisprudence/2009/march2009/167614.htm to SR3,600.00 equivalent to his three months salary, this being the lesser value, to wit: Under Section 10 of R.A. No. 8042, a worker dismissed from overseas employment without just, valid or authorized cause is entitled to his salary for the unexpired portion of his employment contract or for three (3) months for every year of the unexpired term, whichever is less. In the case at bar, the unexpired portion of private respondents employment contract is eight (8) months. Private respondent should therefore be paid his basic salary corresponding to three (3) months or [82] a total of SR3,600. Another was Triple-Eight Integrated Services, Inc. v. National Labor Relations Commission [83] which involved an OFW (therein respondent Erlinda Osdana) (Third Division, December 1998), who was originally granted a 12-month contract, which was deemed renewed for another 12 months. After serving for one year and seven-and-a-half months, respondent Osdana was illegally dismissed, and the Court awarded her salaries for the entire unexpired portion of four and one-half months of her contract. The Marsaman interpretation of Section 10(5) has since been adopted in the following cases: Case Title Contract Period Period of Service Unexpired Period Period Applied in the Computation of the Monetary Award Skippers v. [84] Maguad 6 months 2 months 4 months 4 months Bahia Shipping v. Reynaldo [85] Chua 9 months 8 months 4 months 4 months Centennial Transmarine v. [86] dela Cruz l 9 months 4 months 5 months 5 months Talidano v. [87] Falcon 12 months 3 months 9 months 3 months Univan v. [88] CA 12 months 3 months 9 months 3 months Oriental v. [89] CA 12 months more than 2 months 10 months 3 months 1/26/2016 3:06 PM

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