5/28/2020
E-Library - Information At Your Fingertips: Printer Friendly
734 Phil. 569
SECOND DIVISION
[ G.R. No. 169247, June 02, 2014 ]
MA. CONSOLACION M. NAHAS, DOING BUSINESS UNDER THE NAME
AND STYLE PERSONNEL EMPLOYMENT AND TECHNICAL
RECRUITMENT AGENCY, PETITIONER, VS. JUANITA L. OLARTE,
RESPONDENT.
DECISION
DEL CASTILLO, J.:
"A party will not be allowed to make a mockery of justice by taking inconsistent
positions which, if allowed, would result in brazen deception."[1]
Assailed in this Petition for Review on Certiorari is the April 29, 2005 Decision[2] of the
Court of Appeals (CA) in CA-G.R. SP No. 79028 which denied the Petition for Certiorari
filed therewith and affirmed the February 28, 2003 Decision[3] and June 30, 2003
Resolution[4] of the National Labor Relations Commission (NLRC) in NLRC CA No.
032482-02. The NLRC dismissed the appeal from the Labor Arbiter's March 20, 2002
Decision5 in NLRC-NCR OFW Case No. (L) 01-07-1411-00 which held Personnel
Employment and Technical Recruitment Agency (PETRA), Royal Dream International
Agency (Royal Dream) and petitioner Ma. Consolacion M. Nahas (Nahas) jointly and
severally liable for the unpaid salaries, compensation for the unexpired portion
employment contract, moral and exemplary damages and attorney’s fees of respondent
Juanita L. Olarte (Olarte).
Factual Antecedents
On August 27, 1999, Olarte was deployed as a domestic helper to Hail, Saudi Arabia for
a contract term of two years. Per her employment contract,[6] she was to serve her
employer, Fahad Abdulaziz Mohammed Al-Mijary (Fahad) for a basic monthly salary of
US$200.00. Fajad’s information sheet, on the other hand, provides that there are two
adults and three children living in his household and that no disabled or sick person is
to be put under Olarte’s care.
Upon arriving in Fahad’s home, Olarte was surprised that there were four children with
one suffering from serious disability. This notwithstanding, Olarte served Fahad’s family
diligently. However, she was not paid her salaries. It was only in December 1999 that
she was given US$200.00 which was the only pay she received for the whole duration
that she worked for Fahad.
In the succeeding months, Olarte started feeling intense pain in her legs. Since she was
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/56962
1/10