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SECOND DIVISION
[ G.R. No. 226578, January 28, 2019 ]
AUGUSTIN INTERNATIONAL CENTER, INC., PETITIONER, V.
ELFRENITO B. BARTOLOME AND RUMBY L. YAMAT, RESPONDENTS.
DECISION
PERLAS-BERNABE, J.:
Assailed in this petition for review on certiorari[1] are the Decision[2] dated November
11, 2015 and the Resolution[3] dated August 19, 2016 of the Court of Appeals (CA) in
CA-G.R. SP No. 131582 denying the petition for review filed by petitioner Augustin
International Center, Inc. (AICI) questioning the Resolution[4] dated March 15, 2013
and the Decision[5] dated June 27, 2013 of the National Labor Relations Commission
(NLRC), which affirmed the Labor Arbiter's (LA) finding that respondents Elfrenito B.
Bartolome (Bartolome) and Rumby L. Yamat (Yamat; collectively, respondents) were
illegally dismissed from employment.
The Facts
In 2010, Bartolome and Yamat applied as carpenter and tile setter, respectively, with
AICI, an employment agency providing manpower to foreign corporations. They were
eventually engaged by Golden Arrow Company, Ltd. (Golden Arrow), which had its
office in Khartoum, Republic of Sudan. Thereafter, they signed their respective
employment contracts stating that they would render services for a period not less than
twenty-four (24) months.[6] In their contracts, there was a provision on dispute
settlement that reads:
14. Settlement of disputes: All claims and complaints relative to the
employment contract of the employee shall be settled in accordance with
Company policies, rules[,] and regulations. In case the Employee contests
the decision of the employer, the matter shall be settled amicably with
[the] participation of the Labour Attaché or any authorised
representative of the Philippines Embassy nearest the site of
employment. x x x[7] (Emphasis and underscoring supplied)
Upon their arrival in Sudan sometime in March and April 2011, Golden Arrow
transferred their employment to its sister company, Al Mamoun Trading and Investment
Company (Al Mamoun). A year later, or on May 2, 2012, Al Mamoun served Notices of
Termination of Service[8] to respondents, causing them to return to the Philippines. On
May 22, 2012, they filed their complaint[9] before the NLRC seeking that AICI and A1
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