G.R. No. 167614
17 of 33
http://sc.judiciary.gov.ph/jurisprudence/2009/march2009/167614.htm
US$9,000.00, equivalent to his salaries for the remaining 9 months of his contract, whereas OFW-B
will be entitled to only US$3,000.00, equivalent to his salaries for 3 months of the unexpired portion
of his contract, instead of US$14,000.00 for the unexpired portion of 14 months of his contract, as the
US$3,000.00 is the lesser amount.
The disparity becomes more aggravating when the Court takes into account jurisprudence that,
[97] illegally dismissed OFWs, no matter
prior to the effectivity of R.A. No. 8042 on July 14, 1995,
how long the period of their employment contracts, were entitled to their salaries for the entire
unexpired portions of their contracts. The matrix below speaks for itself:
Case Title
Contract
Period
Period of
Service
Unexpired
Period
Period Applied in the
Computation of the
Monetary Award
ATCI v. CA,
[98]
et al.
2 years
2 months
22 months
22 months
Phil. Integrated v.
[99]
NLRC
2 years
7 days
JGB v.
[100]
NLC
2 years
9 months
15 months
15 months
Agoy v.
[101]
NLRC
2 years
2 months
22 months
22 months
EDI v. NLRC, et
[102]
al.
2 years
5 months
19 months
19 months
Barros v. NLRC,
[103]
et al.
12 months
4 months
8 months
8 months
Philippine
Transmarine v.
12 months
6 months and
22 days
5 months and
18 days
5 months and 18 days
23 months and 23 months and 23 days
23 days
[104]
Carilla
It is plain that prior to R.A. No. 8042, all OFWs, regardless of contract periods or the
unexpired portions thereof, were treated alike in terms of the computation of their monetary benefits in
case of illegal dismissal. Their claims were subjected to a uniform rule of computation: their basic
salaries multiplied by the entire unexpired portion of their employment contracts.
The enactment of the subject clause in R.A. No. 8042 introduced a differentiated rule of
computation of the money claims of illegally dismissed OFWs based on their employment periods, in
the process singling out one category whose contracts have an unexpired portion of one year or more
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