G.R. No. 152579
http://sc.judiciary.gov.ph/jurisprudence/2009/august2009/152579.htm
6. The amount of NT$65,280.00 to DANIEL DUMLAO covering the underpayment of
monthly salaries for the period of four (4) months, salaries for the unexpired portion of the
contract and refund of the unauthorized salary deduction, Sixty Five Thousand (P65,000.00)
Pesos as refund of the placement fee and guaranty fee less Five Thousand (P5,000.00) Pesos,
and Six Thousand (P6,000.00) Pesos as refund for the cost of his plane ticket;
7. The amount of NT$156,120.00 to ALLAN ARANES covering the underpayment of
monthly salaries for the period of four (4) months, salaries for the unexpired portion of the
contract and refund of the unauthorized salary deduction, Sixty Five Thousand (P65,000.00)
Pesos as refund of the placement fee and guaranty fee less Five Thousand (P5,000.00) Pesos,
and Six Thousand (P6,000.00) Pesos as refund for the cost of his plane ticket;
8. The amount of Fifty Thousand (P50,000.00) Pesos each as moral damages;
9. Attorneys fees and litigation expenses equivalent to ten percent (10%) of the total monetary
award.
[5]
SO ORDERED.
Dissatisfied, Sameer appealed to the NLRC alleging, among others, that the Labor Arbiter
committed grave abuse of discretion in failing to decide the third-party complaint, to its
damage and prejudice, insisting that it should have been absolved of any and all liabilities
pertaining to the claims of Santos, et al.
[6]
On January 24, 2001, the NLRC promulgated its Decision,
the dispositive portion of
which reads
WHEREFORE, premises considered, the appealed decision is hereby SET ASIDE and a new
one entered absolving SAMEER Overseas Placement Agency, Inc. from its liabilities in view
of the transfer of accreditation to ASBT Management Services, Inc. and ordering the latter to
pay the following:
1. Danilo Balcita
P44,640.00 representing his salary for the unexpired portion of the contract
P19,880.00 representing refund of his placement fee
2. Nicson Cruz
P44,640.00 representing his salary for the unexpired portion of the contract
P19,880.00 representing refund of his placement fee
3. Pepito Manglicmot
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