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