4/16/2021 E-Library - Information At Your Fingertips: Printer Friendly 408 Phil. 570 SECOND DIVISION [ G.R. No. 99047, April 16, 2001 ] OMAR O. SEVILLANA, PETITIONER, VS. I.T.(INTERNATIONAL) CORP./SAMIR MADDAH & TRAVELLERS INSURANCE AND SURETY CORPORATION, DEPARTMENT OF LABOR AND EMPLOYMENT AND NATIONAL LABOR RELATIONS COMMISSION (SECOND DIVISION), RESPONDENTS. DECISION DE LEON, JR., J.: This old petition, denominated as a petition for review on certiorari under Rule 45 of the Revised Rules of court, shall be treated as a special civil action for certiorari under Rule 65 for reasons which are hereinafter stated. The petition seeks to reverse the Resolution[1] dated March 26, 1991 of public respondent National Labor relations Commission (NLRC), Second Division, which set aside the Decision[2] dated December 29, 1989 of the Philippine Overseas Employment Administration Adjudication Office in POEA Case No. (L) 88-12-1048. The facts are as follows: Sometime in November 1987, petitioner Omar Sevillana was contracted to work as a driver by private respondent I.T. (International) Corporation (I.T., for brevity) for its foreign accredited principal, Samir Maddah (Samir, for brevity), in Jeddah, Saudi Arabia. The agreed monthly salary was US $370.00 for a period of two (2) years. Petitioner alleged, however, that when he received his salaries from his employer, he was only paid US $100.00 a month for twelve (12) months, instead of the agreed US $370.00 per month. On November 2, 1988, after working twelve (12) months with his employer, petitioner said that he was repatriated without any valid and justifiable reason. Petitioner shouldered the cost of his return airfare in the amount of US $630.00. Thereafter, petitioner filed a complaint with the Philippine Overseas Employment Administration (POEA, for brevity) for underpayment of salaries, illegal dismissal, reimbursement of return airfare, moral damages and attorney's fees against I.T. (International) Corporation, Samir Maddah and Travellers Insurance and Surety Corporation (Travellers, for brevity). In answer thereto, private respondent I.T. denied the material allegations of the petitioner but admitted that the petitioner was one of several workers it deployed and employed abroad. I.T. argued that the petitioner continuously worked with Samir for https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/52120 1/12

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