8/27/2020
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FIRST DIVISION
[ G.R. No. 209072, July 24, 2019 ]
ARLENE A. CUARTOCRUZ, PETITIONER, VS. ACTIVE WORKS, INC.,
AND MA. ISABEL E. HERMOSA, BRANCH MANAGER, RESPONDENTS.
DECISION
JARDELEZA, J.:**
In this petition for review, we reiterate that any doubt concerning the rights of labor
should be resolved in its favor pursuant to the social justice policy espoused by the
Constitution.[1] Moreover, the proviso in Section 10, Republic Act No. (RA) 8042[2]
which prescribes the award of "salaries for the unexpired portion of [the] employment
contract or for three (3) months for every year of the unexpired term, whichever is
less" to illegally-dismissed overseas workers has been declared unconstitutional by the
Court as early as 2009,[3] and thus should no longer be a source of confusion by
litigants and the courts.
On June 4, 2007, Arlene A. Cuartocruz (petitioner) and Cheng Chi Ho,[4] a Hong Kong
national, entered into a contract of employment whereby petitioner shall work as the
latter's domestic helper for a period of two years. Petitioner was tasked to do household
chores and baby-sitting, among others, for a monthly salary of HK$3,400.00 and other
emoluments and benefits provided under the contract. Respondent Active Works, Inc.
(AWI), a Philippine corporation engaged in the recruitment of domestic helpers in Hong
Kong, is petitioner's agency, and respondent Ma. Isabel Hermosa is its Branch Manager.
[5]
On August 3, 2007, petitioner arrived in Hong Kong. The following day, she proceeded
to the residence of her employer.[6]
On August 11, 2007, petitioner received a warning letter from her employer,[7] stating
that she is required to improve her attentiveness in performing her work within one
month, failing which the letter shall serve as a written notice of the termination of her
employment contract effective September 11, 2007. On the same day, petitioner wrote
a reply, apologizing for giving false information by stating in her bio-data that she is
single when in fact she is a single parent. She also asked for a chance to improve so
she can continue with her work.[8]
However, in a letter dated August 16, 2007, Cheng Chi Ho informed the Immigration
Department of Wangchai, Hong Kong that he is terminating the contract with petitioner
effective immediately for the following reasons: "disobey order (sic), unmatch the
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