4/16/2021 E-Library - Information At Your Fingertips: Printer Friendly 408 Phil. 270 THIRD DIVISION [ G.R. No. 103144, April 04, 2001 ] PHILSA INTERNATIONAL PLACEMENT AND SERVICES CORPORATION, PETITIONER, VS. THE HON. SECRETARY OF LABOR AND EMPLOYMENT, VIVENCIO DE MESA, RODRIGO MIKIN AND CEDRIC LEYSON, RESPONDENTS. DECISION GONZAGA-REYES, J.: This is a petition for certiorari from the Order dated November 25, 1991 issued by public respondent Secretary of Labor and Employment. The November 25, 1991 Order affirmed en toto the August 29, 1988 Order of the Philippine Overseas Employment Administration (hereinafter the "POEA") which found petitioner liable for three (3) counts of illegal exaction, two (2) counts of contract substitution and one count of withholding or unlawful deduction from salaries of workers in POEA Case No. (L) 85-050370. Petitioner Philsa International Placement and Services Corporation (hereinafter referred to as "Philsa") is a domestic corporation engaged in the recruitment of workers for overseas employment. Sometime in January 1985, private respondents, who were recruited by petitioner for employment in Saudi Arabia, were required to pay placement fees in the amount of P5,000.00 for private respondent Rodrigo L. Mikin and P6,500.00 each for private respondents Vivencio A. de Mesa and Cedric P. Leyson[1]. After the execution of their respective work contracts, private respondents left for Saudi Arabia on January 29, 1985. They then began work for Al-Hejailan Consultants A/E, the foreign principal of petitioner. While in Saudi Arabia, private respondents were allegedly made to sign a second contract on February 4, 1985 which changed some of the provisions of their original contract resulting in the reduction of some of their benefits and privileges[2]. On April 1, 1985, their foreign employer allegedly forced them to sign a third contract which increased their work hours from 48 hours to 60 hours a week without any corresponding increase in their basic monthly salary. When they refused to sign this third contract, the services of private respondents were terminated by Al-Hejailan and they were repatriated to the Philippines[3]. Upon their arrival in the Philippines, private respondents demanded from petitioner Philsa the return of their placement fees and for the payment of their salaries for the unexpired portion of their contract. When petitioner refused, they filed a case before https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/51157 1/12

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