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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
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