4/10/2020 E-Library - Information At Your Fingertips: Printer Friendly adea, NOEL 150 x 5 750 AED = USD 400 8100 AED P20,000.00 Ordovez, LOUIE 250 X 3 750 AED = USD 400 8100 AED P20,000.00 Anipan, ROBELITO 150 x 4 600 AED = USD 400 8100 AED P20,000.00 Enjambre, SANDY 150 x 4 600 AED = USD 400 8100 AED P20,000.00 Lumanta, ARSENIO 250 x 5 1250 AED = USD 400 8100 AED P20,000.00 TOTAL: 6,850 AED US$3,200 64,800 AED P400,000.00 or their peso equivalent at the time of actual payment plus attorney[‘]s fees equivalent to 10% of the judgment award.[12] The agency moved for reconsideration, contending that the appeal was never perfected and that the NLRC gravely abused its discretion in reversing the labor arbiter’s decision. The respondents, on the other hand, moved for partial reconsideration, maintaining that their salaries should have covered the unexpired portion of their employment contracts, pursuant to the Court’s ruling in Serrano v. Gallant Maritime Services, Inc. [13] The NLRC denied the agency’s motion for reconsideration, but granted the respondents’ motion.[14] It sustained the respondents’ argument that the award needed to be adjusted, particularly in relation to the payment of their salaries, consistent with the Court’s ruling in Serrano. The ruling declared unconstitutional the clause, “or for three (3) months for every year of the unexpired term, whichever is less,” in Section 10, paragraph 5, of R.A. 8042, limiting the entitlement of illegally dismissed overseas Filipino workers to their salaries for the unexpired term of their contract or three months, whichever is less. Accordingly, it modified its earlier decision and adjusted the respondents’ salary entitlement based on the following matrix: Employee Duration of Departure Date Unexpired portion Contract date dismissed of contract Vinuya, 2 years 29 March 8 August 19 months and 21 ARMANDO 2007 2007 days Alcantara, 2 years 3 April 8 August 20 months and 5 VIRGILIO 2007 2007 days Era, MARINO 2 years 12 May 8 August 21 months and 4 2007 2007 days Ladea, NOEL 2 years 29 March 8 August 19 months and 21 2007 2007 days Ordovez, 2 years 3 April 26 July 21 months and 23 elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55155 4/15

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