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694 Phil. 426
SECOND DIVISION
[ G.R. No. 197528, September 05, 2012 ]
PERT/CPM MANPOWER EXPONENT CO., INC., PETITIONER, VS.
ARMANDO A. VINUY A. LOUIE M. ORDOVEZ, ARSENIO S. LUMANTA,.
JR., ROBELITO S. ANIPAN, VIRGILIO R. ALCANTARA, MARINO M.
ERA, SANDY O. ENJAMBRE AND NOEL T. LADEA, RESPONDENTS.
DECISION
BRION, J.:
We resolve the present petition for review on certiorari[1] assailing the decision[2] dated
May 9, 2011 and the resolution[3] dated June 23, 2011 of the Court of Appeals (CA) in
CA-G.R. SP No. 114353.
The Antecedents
On March 5, 2008, respondents Armando A. Vinuya, Louie M. Ordovez, Arsenio S.
Lumanta, Jr., Robelito S. Anipan, Virgilio R. Alcantara, Marino M. Era, Sandy O.
Enjambre and Noel T. Ladea (respondents) filed a complaint for illegal dismissal against
the petitioner Pert/CPM Manpower Exponent Co., Inc. (agency), and its President
Romeo P. Nacino.
The respondents alleged that the agency deployed them between March 29, 2007 and
May 12, 2007 to work as aluminum fabricator/installer for the agency’s principal,
Modern Metal Solution LLC/MMS Modern Metal Solution LLC (Modern Metal) in Dubai,
United Arab Emirates.
The respondents’ employment contracts,[4] which were approved by the Philippine
Overseas Employment Administration (POEA), provided for a two-year employment,
nine hours a day, salary of 1,350 AED with overtime pay, food allowance, free and
suitable housing (four to a room), free transportation, free laundry, and free medical
and dental services. They each paid a P15,000.00 processing fee.[5]
On April 2, 2007, Modern Metal gave the respondents, except Era, appointment
letters[6] with terms different from those in the employment contracts which they
signed at the agency’s office in the Philippines. Under the letters of appointment, their
employment was increased to three years at 1,000 to 1,200 AED and food allowance of
200 AED.
The respondents claimed that they were shocked to find out what their working and
living conditions were in Dubai. They were required to work from 6:30 a.m. to 6:30
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