8/27/2020
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WHEREFORE, the petition is GRANTED. The April 26, 2012 Decision and July 30,
2013 Resolution of the Court of Appeals in CA-G.R. SP No. 03292 are AFFIRMED with
MODIFICATION. Petitioner is entitled to: 1) unpaid salaries for 14 days in the amount
of HK$ 1,586.67; 2) salaries for the entire unexpired portion of her employment
contract consisting of one year, 11 months and 16 days at the rate of HK$3,400.00 per
month; and 3) attorney's fees equivalent to 10% of the total monetary award. These
amounts shall then earn 6% interest per annum from the finality of this Decision until
full payment.
The case is REMANDED to the Labor Arbiter for the computation of the exact amounts
due to petitioner.
SO ORDERED.
Bersamin, C.J., (Chairperson), Gesmundo, and Carandang, JJ., concur.
Del Castillo, (Working Chairperson), J., on official leave.
** Designated as Acting Working Chairperson of the First Division per Special Order No.
2680 dated July 12, 2019.
[1] Marcopper Mining Corporation v. NLRC, G.R. No. 103525, March 29, 1996, 255
SCRA 322.
[2] Migrant Workers and Overseas Filipinos Act of 1995.
[3] In the case of Serrano v. Gallant Maritime Services, Inc., G.R. No. 167614, March
24, 2009, 582 SCRA 254.
[4] Also referred to as "Chi Ho Heng" in some parts of the rollo.
[5] Rollo, p. 107.
[6] Id.
[7] Rollo, p. 82. The warning letter pertinently states: "This letter serves as a warning
letter to you, we require you to improve your attentiveness on your performance within
one month starting from this date. If no improvement was shown by then, this letter
will serves (sic) as a written notice to you that the captioned contract will be
terminated with immediate effect on 11 September, 2007. You will not be entitled to
payment of salary in lieu of the notice period upon this warning acknowledgment."
[8] Id. at 108-109.
[9] Id. at 85.
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