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1998. Petrocon also informed respondent that all due benefits in accordance with the
terms and conditions of his employment contract will be paid to respondent, including
his ticket back to the Philippines.
On June 23, 1998, respondent, together with his co-employees, requested Petrocon to
issue them a letter of Intent stating that the latter will issue them a No Objection
Certificate once they find another employer before they leave Saudi Arabia.[6] On June
27, 1998, Petrocon granted the request and issued a letter of intent to respondent.[7]
Before his departure from Saudi Arabia, respondent received his final paycheck[8] from
Petrocon amounting SR7,488.57.
Upon his return, respondent filed a complaint with the Regional Arbitration Branch VII,
National Labor Relations Commission (NLRC), Cebu City, against petitioner as the
recruitment agency which employed him for employment abroad.
In filing the
complaint, respondent sought to recover his unearned salaries covering the unexpired
portion of his employment contract with Petrocon on the ground that he was illegally
dismissed.
After the parties filed their respective position papers, the Labor Arbiter rendered a
Decision[9] in favor of the respondent, the dispositive portion of which reads:
WHEREFORE, premises considered, judgment is hereby rendered ordering
the respondent Marilyn C. Pascual, doing business under the name and style
International Management Services, to pay the complainant Roel Logarta the
peso equivalent of US $5,600.00 based on the rate at the time of actual
payment, as payment of his wages for the unexpired portion of his contract
of employment.
The other claims are dismissed for lack of merit.
So Ordered.[10]
Aggrieved, petitioner filed an Appeal[11] before the NLRC. On October 29, 1999, the
NLRC, Fourth Division, Cebu City rendered a Decision[12] affirming the decision of the
Labor Arbiter, but reduced the amount to be paid by the petitioner, to wit:
WHEREFORE, premises considered, the decision of the Labor Arbiter is
hereby AFFIRMED with MODIFICATION reducing the award to only US
$4,800.00 or its peso equivalent at the time of payment.
SO ORDERED.[13]
Petitioner filed a motion for reconsideration, but it was denied in the Resolution[14]
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