6/7/2020
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workers, Sheila Marie V. Tiatco (Tiatco) and Carolina Flores (Flores), who confirmed
that respondent violated the club policies of SAENCO and that respondent received her
salaries.
Petitioners submitted as well the Sworn Statement[12] dated November 9, 2004 of
Baltazar D. Fuentes (Baltazar), respondent's husband, to prove that respondent
obtained a loan from petitioner PTCPI. Baltazar affirmed that petitioner PTCPI lent them
some money which respondent used for her job application, training, and processing of
documents so that she could work abroad. A portion of the loan proceeds was also used
to pay for their land in Lagrimas Village, Tiaong, Quezon, and respondent's other
personal expenses.
Petitioner Moldes, for her part, disavowed personal liability, stating that she merely
acted in her capacity as a corporate officer of petitioner PTCPI.
Petitioners thus prayed that the complaint against them be dismissed and that
respondent be ordered to pay them moral and exemplary damages for their besmirched
reputation, and attorney's fees for they were compelled to litigate and defend their
interests against respondent's baseless suit.
Labor Arbiter's Ruling
On May 4, 2006, Labor Arbiter Antonio R. Macam rendered a Decision[13] dismissing
respondent's complaint, based on the following findings:
The facts of the case and the documentary evidence submitted by both
parties would show that herein [respondent] was not illegally dismissed.
This Office has noted that the POEA approved contract declares that the
duration of [respondent's] employment was for six (6) months only. The fact
that the duration of [respondent's] employment was for six (6) months only
is substantiated by the documentary evidence submitted by both parties.
Attached is [respondent's] Position Paper as Annex "D" is a Model
Employment Contract for Filipino Overseas Performing Artist to Korea signed
by the parties and approved by the POEA. Also attached to the Position
Paper of the [petitioners] as Annex "1" is a copy of the Employment
Contract signed by the parties and approved by POEA. We readily noted that
the common evidence submitted by the parties would prove that
[respondent's] employment was for six (6) months only. The deploying
agency, Princess. Talent Center Production, Inc. processed the [respondent]
for a six-month contract only and there is no showing that the deploying
agency participated in the extension of the contract made by the
[respondent] herself. There is likewise no evidence on record which would
show that the POEA approved such an extension. As matters now stand, this
Office has no choice but to honor the six months duration of the contract as
approved by the POEA. The conclusion therefore is that the [respondent]
was not illegally dismissed since she was able to finish the duration of the
contract as approved by the POEA.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64155
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