G.R. No. 167614
2 of 33
http://sc.judiciary.gov.ph/jurisprudence/2009/march2009/167614.htm
United Nations Secretary-General Ban Ki-Moon
Global Forum on Migration and Development
[1]
Brussels, July 10, 2007
For Antonio Serrano (petitioner), a Filipino seafarer, the last clause in the 5th paragraph of
[2]
Section 10, Republic Act (R.A.) No. 8042, to wit:
Sec. 10. Money Claims. - x x x In case of termination of overseas employment without just,
valid or authorized cause as defined by law or contract, the workers shall be entitled to the full
reimbursement of his placement fee with interest of twelve percent (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.
x x x x (Emphasis and underscoring supplied)
does not magnify the contributions of overseas Filipino workers (OFWs) to national development, but
exacerbates the hardships borne by them by unduly limiting their entitlement in case of illegal
dismissal to their lump-sum salary either for the unexpired portion of their employment contract or for
three months for every year of the unexpired term, whichever is less (subject clause). Petitioner claims
that the last clause violates the OFWs' constitutional rights in that it impairs the terms of their contract,
deprives them of equal protection and denies them due process.
By way of Petition for Review under Rule 45 of the Rules of Court, petitioner assails the
[3]
[4]
December 8, 2004 Decision and April 1, 2005 Resolution of the Court of Appeals (CA), which
applied the subject clause, entreating this Court to declare the subject clause unconstitutional.
Petitioner was hired by Gallant Maritime Services, Inc. and Marlow Navigation Co., Ltd.
(respondents) under a Philippine Overseas Employment Administration (POEA)-approved Contract
of Employment with the following terms and conditions:
Duration of contract 12 months
Position Chief Officer
Basic monthly salary US$1,400.00
Hours of work 48.0 hours per week
Overtime US$700.00 per month
[5]
Vacation leave with pay 7.00 days per month
On March 19, 1998, the date of his departure, petitioner was constrained to accept a
downgraded employment contract for the position of Second Officer with a monthly salary of
US$1,000.00, upon the assurance and representation of respondents that he would be made Chief
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