G.R. No. 152579
4 of 8
http://sc.judiciary.gov.ph/jurisprudence/2009/august2009/152579.htm
P44,640.00 representing his salary for the unexpired portion of the contract
P19,980.00 representing refund of his placement fee
4. Lord Nelson Santos
P44,640.00 representing his salary for the unexpired portion of the contract
P19,880.00 representing refund of his placement fee
All other claims are dismissed for want of legal and factual basis.
[7]
SO ORDERED.
Aggrieved, ASBT moved for reconsideration. The NLRC denied the motion for lack of merit.
ASBT elevated the case to the Court of Appeals via a petition for certiorari under Rule 65 of
the Rules of Court. However, in a Resolution
[8]
dated June 19, 2001, the Court of Appeals
denied due course and dismissed ASBTs petition on the ground that the attached Verification
and Certification of Non-Forum Shopping was signed by Mildred R. Santos as President of
ASBT without any proof of authority to sign for and bind ASBT in the proceedings.
ASBT filed a motion for reconsideration of the June 19, 2001 Resolution, submitting
therewith the necessary board resolution authorizing corporate president Mildred R. Santos to
represent ASBT before the Court of Appeals. The appellate court granted the motion and
reinstated the petition.
In its December 10, 2001 Decision, the Court of Appeals ruled in favor of ASBT. The
decretal portion of the Decision reads
WHEREFORE, premises considered, the petition is GRANTED. The assailed decision and
resolution of the public respondent NLRC are SET ASIDE. Sameer Overseas Placement
Agency, Inc. is hereby ordered to pay the following to:
1. Danilo Balcita a). P44,640.00, representing his salary for the unexpired portion of
the contract; b). P19,880.00, representing refund of his placement.
2. Nicson Cruz a). P44,640.00, representing his salary for the unexpired portion of
the contract; b). P19,880.00, representing refund of his placement fee.
3.
Pepito Manglicmot a). P44,640.00, representing his salary for the unexpired
portion of the contract; b). P19,880,00, representing refund of his placement fee.
4.
Lord Nelson Santos a). P44,640.00, representing his salary for the unexpired
portion of the contract; b). P19,880.00, representing refund of his placement fee.
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