4/9/2020
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We thus decree the application of Section 10 of Republic Act No. 8042 (Migrant Workers
Act) which provides for money claims by reason of a contract involving Filipino workers
for overseas deployment. The law provides:
Sec. 10. Money Claims. – Notwithstanding any provision of law to the
contrary, the Labor Arbiters of the National Labor Relations Commission
(NLRC) shall have the original and exclusive jurisdiction to hear and decide,
within ninety (90) calendar days after the filing of the complaint, the claims
arising out of an employer-employee relationship or by virtue of any law or
contract involving Filipino workers for overseas deployment including claims
for actual, moral, exemplary and other forms of damages. x x x
(Underscoring supplied)
Following the law, the claim is still cognizable by the labor arbiters of the NLRC under
the second phrase of the provision.
Applying the rules on actual damages, Article 2199 of the New Civil Code provides that
one is entitled to an adequate compensation only for such pecuniary loss suffered by
him as he has duly proved. Respondent is thus liable to pay petitioner actual damages
in the form of the loss of nine (9) months’ worth of salary as provided in the contract.
[38] This is but proper because of the non-deployment of respondent without just
cause.
WHEREFORE, the appeal is DENIED. The 31 January 2007 Decision of the Court of
Appeals in CA-G.R. SP. No. 91632 is hereby AFFIRMED. The Petitioners are hereby
ordered to pay Sulpecio Medequillo, Jr., the award of actual damages equivalent to his
salary for nine (9) months as provided by the Second Employment Contract.
SO ORDERED.
Carpio, (Chairperson), Sereno, Reyes, and Perlas-Bernabe, JJ.* concur.
* Designated as additional member per Special Order No. 1174 dated 9 January 2012.
[1] Rule 45, Rule on Civil Procedure.
[2] Penned by Associate Justice Mariano C. Del Castillo (now a Member of this Court)
with Presiding Justice Ruben T. Reyes (former Member of this Court) and Associate
Justice Arcangelita Romilla Lontok, concurring. Rollo, pp. 38-54.
[3] Id. at 53.
[4] Id. at 134-139.
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