G.R. No. 167614
4 of 33
http://sc.judiciary.gov.ph/jurisprudence/2009/march2009/167614.htm
HUNDRED SEVENTY U.S. DOLLARS (US $8,770.00), representing the complainants salary for
three (3) months of the unexpired portion of the aforesaid contract of employment.
The respondents are likewise ordered to pay the complainant [petitioner], jointly and severally, in
Philippine Currency, based on the rate of exchange prevailing at the time of payment, the amount of
[12]
FORTY FIVE U.S. DOLLARS (US$ 45.00),
representing the complainants claim for a salary
differential. In addition, the respondents are hereby ordered to pay the complainant, jointly and severally,
in Philippine Currency, at the exchange rate prevailing at the time of payment, the complainants
(petitioner's) claim for attorneys fees equivalent to ten percent (10%) of the total amount awarded to the
aforesaid employee under this Decision.
The claims of the complainant for moral and exemplary damages are hereby DISMISSED for lack of
merit.
All other claims are hereby DISMISSED.
[13]
(Emphasis supplied)
SO ORDERED.
In awarding petitioner a lump-sum salary of US$8,770.00, the LA based his computation on
the salary period of three months only -- rather than the entire unexpired portion of nine months and 23
days of petitioner's employment contract - applying the subject clause. However, the LA applied the
salary rate of US$2,590.00, consisting of petitioner's [b]asic salary, US$1,400.00/month +
US$700.00/month,
fixed
overtime
pay,
+
US$490.00/month,
vacation
leave
pay
=
[14]
US$2,590.00/compensation per month.
[15]
Respondents appealed
to the National Labor Relations Commission (NLRC) to question
the finding of the LA that petitioner was illegally dismissed.
[16]
Petitioner also appealed
to the NLRC on the sole issue that the LA erred in not applying the
[17]
ruling of the Court in Triple Integrated Services, Inc. v. National Labor Relations Commission
that
in case of illegal dismissal, OFWs are entitled to their salaries for the unexpired portion of their
[18]
contracts.
In a Decision dated June 15, 2000, the NLRC modified the LA Decision, to wit:
WHEREFORE, the Decision dated 15 July 1999 is MODIFIED. Respondents are hereby
ordered to pay complainant, jointly and severally, in Philippine currency, at the prevailing rate of
exchange at the time of payment the following:
1. Three (3) months salary
$1,400 x 3 US$4,200.00
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