FIRST DIVISION
ASIAN INTERNATIONAL G.R. No. 169652
MANPOWER SERVICES, INC.
(AIMS),
Petitioner, Present:
Panganiban, C.J. (Chairperson),
- versus - Ynares-Santiago,
Austria-Martinez,
Callejo, Sr., and
Chico-Nazario, JJ.
COURT OF APPEALS and
ANICETA LACERNA, Promulgated:
Respondents.
October 9, 2006
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DECISION
YNARES-SANTIAGO, J.:
This petition for review under Rule 45 of the Rules of Court seeks to set
aside the May 31, 2005 Decision[1] of the Court of Appeals in CA-G.R. SP No.
73276 which reversed the June 28, 2002 Resolution[2] of the National Labor
Relations Commission (NLRC) and held that respondent Aniceta Lacerna
(Lacerna) was illegally dismissed by petitioner Asian International Manpower
Services, Inc. (AIMS).
The facts as alleged[3]by Lacerna show that Proxy Maid Services Centre
(Proxy), a Hong Kong based recruitment agency hired her through AIMS, a
recruitment entity in the Philippines. On February 10, 2000, she signed an
employment contract to work as a domestic helper of Low See Ting who later
cancelled the contract sometime in March 2000. Nevertheless, Lacerna heeded
AIMS’s advice to proceed to Hong Kong on the assurance that she will be
provided with an employment abroad. Upon arrival at Proxy’s office on April 1,